Immigrant Detention Report: Key Findings

Jailed Without Justice: Immigration Detention in the USA

Key Findings and Recommendations

Amnesty International has found that the dramatic increase in the use of detention as an immigration enforcement mechanism in the USA results in a number of human rights violations. More than 300,000 men, women and children are detained by US immigration authorities each year. International human rights standards require that detention should only be used in exceptional circumstances, must be justified in each individual case and must be subject to judicial review. However, in the USA immigrants can be detained for months or years without any form of meaningful individualized judicial review of their detention. Alternatives to detention including reporting requirements or a bond should always be considered before resorting to detention, however these more affordable options are often not considered and the use of such programs varies greatly from region to region.

The conditions under which immigrants are held violate both US and international standards on the treatment of detainees. Amnesty International documented pervasive problems including comingling of immigration detainees with individuals convicted of criminal offenses; inappropriate and excessive use of restraints; inadequate access to healthcare including mental health services; and inadequate access to exercise. Many individuals have limited or no access to family and to legal or other assistance throughout their detention.

Key findings of Amnesty International's report on immigration detention include:

• In the last decade the number of immigrants in detention has tripled from 10,000 in 1996 to over 30,000 in 2008, and this number is likely to increase even further in 2009.
• The US detains asylum seekers, survivors of torture and human trafficking, lawful permanent residents and the parents of U.S. citizen children.
• While the average cost of detaining an immigrant is $95 per person/per day, alternatives to detention are significantly cheaper, with some programs costing as little as $12 per day. Despite the proven effectiveness of these less expensive and less restrictive alternatives, the government is choosing to detain instead.
• Immigrants can be detained for months or years without any form of meaningful individualized review of whether their detention is necessary.
• The vast majority of people in immigration detention - 84 percent - are unable to obtain the legal assistance necessary to present viable claims in an adversarial and complex court process.
• The US contracts with approximately 350 state and county criminal jails to house approximately 67% of all immigrants in detention.
• Detention facilities are required to comply with ICE detention standards, however, these standards are not legally binding, and oversight and accountability for abuse or neglect in detention is almost nonexistent, leading to practices in violation of international standards. Immigrants are often put in excessive restraints, including handcuffs, belly chains and leg restraints, and are detained alongside individuals incarcerated for criminal offenses.
• Individuals in detention find it very difficult to get timely - and at times any - treatment for their medical needs. 74 people have died while in immigration detention over the past five years.

Key Recommendations:

The USA must immediately act to address the pervasive violations of immigrants' human rights.

1. The US Congress should pass legislation creating a presumption against the detention of immigrants and asylum seekers and ensuring that it be used as a measure of last resort;
2. The US government should ensure that alternative non-custodial measures, such as reporting requirements or an affordable bond, are always explicitly considered before resorting to detention. Reporting requirements should not be unduly onerous, invasive or difficult to comply with, especially for families with children and those of limited financial means. Conditions of release should be subject to judicial review.
3. The US Congress should pass legislation to ensure that all immigrants and asylum seekers have access to individualized hearings on the lawfulness, necessity, and appropriateness of detention.
4. The US government should ensure the adoption of enforceable human rights detention standards in all detention facilities that house immigration detainees, either through legislation or through the adoption of enforceable policies and procedures by the Department of Homeland Security. There should be effective independent oversight to ensure compliance with detention standards and accountability for any violations.

AI's report, Jailed without Justice: Immigration Detention in the USA, released March 2009, covers these findings in detail.

Download the Key Findings as a PDF (330K)