USA: Jailed Without Justice

Report
March 25, 2009

USA: Jailed Without Justice

View More Research

[22] A full list of cases is on file with Amnesty International. See further: Section 3.3 Mandatory Detention.

[23] Zadvydas v. Davis, 533 US 678, 690 (2001).

[24] US Government Accountability Office, Alien Detention Standards: Observations on the Adherence to ICE's Medical Standards in Detention Facilities, 4 June 2008, available at: http://www.gao.gov/new.items/d08869t.pdf.

[25]From Persecution to Prison: The Health Consequences of Detention for Asylum Seekers, Physicians for Human Rights and the Bellevue/NYU Program for Survivors of Torture, June 2003, page 5, available at: http://physiciansforhumanrights.org/library/documents/reports/report-perstoprison-2003.pdf.

[26] See Kathleen Glynn and Sarah Bronstein, Systemic Problems Persist in U.S. ICE Custody Reviews for Indefinite Detention, Catholic Legal Immigration Network, Inc., 2005, available at: http://www.cliniclegal.org/DSP/Indefinite2005FINALforRELEASE.pdf.

[27] These are individuals seeking admission to the United States and are classified as "arriving aliens". The Department of Homeland Security defines this category to include individuals apprehended within 100 miles of the border and within 14 days of entry. See US Department of Homeland Security, Department of Homeland Security Streamlines Removal Process Along Entire U.S. Border, Office of the Press Secretary, 30 January 2006, available at: http://www.dhs.gov/xnews/releases/press_release_0845.shtm.

 

[28] Amy Goldstein and Dana Priest, Five Detainees Who Took Their Lives, The Washington Post, 13 May 2008, page A08.

[29] See US Immigration and Customs Enforcement, Press Release, ICE Announces New Performance-Based National Detention Standards for all ICE Detention Facilities, 12 September 2008, available at: http://www.ice.gov/news/releases/0809/080912washington.htm.

[30] As Amnesty International conducted research for the most part before September 2008, analysis focuses on the 2000 Detention Standards. The standards published by US Immigration and Customs Enforcement (ICE) in September 2008 contain forty-one (41) Performance-Based National Detention Standards, four of which are new. These include: News Media Interviews and Tours, Searches of Detainees, Sexual Abuse and Assault Prevention and Intervention, and Staff Training.

Download the Full Report as a PDF (662K)