The United States is home to the largest immigration detention system in the world. These detention centers are used to lawfully detain 7% of the noncitizen US population. According to the US Immigration and Customs Enforcement, US detention facilities are intended to hold individuals who await an immigration decision or departure to their home country. The decision to detain a noncitizen is based on a person’s immigration history, risk, ties to the community, and criminal record. Detention centers are used for an extensive breadth of immigrants, including asylum seekers and legal migrants. In the fiscal year of 2021, nearly 250,000 people were detained by ICE. About 43% of the detainee population are Mexican, and 46% of this population claim origin in the Northern Triangle region of El Salvador, Honduras, and Guatemala. The use of detention centers speaks to the dual challenges of addressing the needs of asylum seekers while countering illegal activity at US borders.
The History of Immigrant Detention and Enforcement
The 1996 Antiterrorism and Effective Death Penalty Act and the Illegal Immigration Reform and Immigration Responsibility Act began modern-day immigration detention by setting minimum daily detention quotas and broadening the baseline for criminal offenses in an immigration context. In 1979, the average population of detainees was 2,371, and in 2019, this number had grown to 49,403 individuals. To maintain this vast system, private detention centers contracted by ICE, such as the GEO Group and Core Civic, along with ICE-operated centers averaged spending of $3.1 billion in the 2018 fiscal year.
Current Administration’s Approach
In January 2021, President Biden’s administration proposed reversing the stringent policies of the Trump administration. The US Citizenship Act of 2021 aims to promote citizenship, prioritize border control, and address the root causes of migration. The Citizenship Act:
- Removes the one-year deadline for filing asylum applications and provides funding to reduce application backlogs, addressing the detention length of asylum seekers.
- Supplements border resources with technology to facilitate screening, improving the ability to process asylum seekers.
- Orders the Secretary of the Department of Homeland to implement alternative programs to detention.
Arguments in Favor of Immigrant Detention
- National Safety: Proponents of immigrant detention centers cite border security as an objective for the type of immigration control in order to ensure community security concerns and individuals labeled as flight risks are confined to these centers.
- Enforced Compliance with Immigration Protocols: The Department of Homeland Security oversees the organizational structure and detention standards of US centers in which noncitizens are placed into detention centers to undergo asylum processes. Detention centers are used to hold unaccompanied children who are evading violence, poverty, and other dangerous conditions. DHS is responsible for the standards of care for migrant children which include medical services and access to food and water.
Arguments Against Immigration Detention
- Unsafe Detention Conditions: In a 2019 Inspector General report, confinement conditions, such as inappropriate treatment, lack of professionalism, inadequate medical care, and hygiene supplies were detailed, resulting in mental and physical trauma amongst some migrants. In a 2021 Pew Research survey, 91% of Democrats and 61% of Republicans believed that supplying safe and hygienic conditions at the southern border is of some importance. Today, amidst the pandemic, detention centers lack masks, soap, appropriate space for social distancing, and other necessities. In June 2021, more than 20,000 individuals contracted COVID-19 while in detention centers.
- Expense: ICE-operated detention centers cost a daily average of $144 per immigrant during FY 2021, representing $2.8 billion out of ICE’s gross budget of $8.4 billion. Due to the costly nature of detention, immigration courts prioritize the cases of detained individuals, leaving more than 3 million asylum seekers and individuals with cases of other relief forms without support. The large contribution to detention centers diminishes the investment in other immigration functions, such as providing social services.
- Lack of Legal Resources: During the detention period, noncitizens are not guaranteed legal resources, such as lawyers and translators. Asylum seekers without legal representation may clog the system by filing multiple claims in efforts to identify a claim that will be granted, whereas those with counsel file applicable claims due to legal advice. Additionally, language barriers pose an obstacle within the immigration system.
Alternatives to Detention Centers
Alternatives to detentions (ATDs) are informal and formal policies, practices, and legislation that deter detentions due to immigration-related reasons. In 2022, the budget for ATDs is $443 million which resulted in the enrollment of 182,607 people in such programs as of mid-March. Today, ICE-operated ATDs include the Intensive Appearance Supervision Program and Extended Case Management Services which utilize monitoring practices, such as in-person check-ins, electronic monitoring (GPS tracking through ankle monitors or cellphones), and case managers. Due to the elimination of needs, including beds, food, medical care, recreational and religious activities, and other resources required within detention centers, daily costs per person reach as low as $0.70 compared to $144, the daily average in detention centers.
Similarly, community-based ATDs are used within the US immigration system to provide individuals with the ability to garner close ties to a community and its resources while undergoing the asylum process. In 2016, ICE initiated the Family Case Management Program for families that are not well-suited for detention centers, such as families with children, pregnancies, and histories of domestic abuse. Given a case manager, families were able to receive medical care, English training, and legal assistance. Despite its early cessation in 2017, compliance rates from FCMP were 99% and the average daily cost per family was $38.47.