ICE Is Jailing More Immigrants and Using Solitary Confinement More Often, Report Finds

The number of immigrants detained by Immigration and Customs Enforcement (ICE) has increased significantly, from about 15,000 at the start of the Biden administration in January 2021 to over 38,000 currently, according to an independent tracking system maintained by Syracuse University. These immigrants are being held across the United States in facilities run by private companies, many of which are subject to little oversight.

There is growing concern over the lack of accountability and deteriorating conditions in these facilities, as well as ICE's increased use of solitary confinement. ICE issued directives in 2013 and 2015 aimed at limiting the use of solitary confinement and emphasizing that it should only be used as a last resort. However, the use of solitary confinement has increased since the onset of the COVID-19 pandemic in 2020, with immigrants held in these restrictive conditions for extended periods.

Researchers from the Harvard Immigration and Refugee Clinical Program obtained documents through Freedom of Information Act requests and lawsuits that revealed troubling emails and facility inspection reports. These documents revealed that solitary confinement is often used as a form of punishment or retaliation for petty offenses, such as submitting complaints or participating in hunger strikes. They also showed that immigrants in solitary confinement were subjected to degrading treatment, including verbal abuse, strip searches, and denial of religious accommodations. Many were unable to access medical care in a timely manner, and some reported delays in receiving necessary medication or experiencing medical deterioration while in solitary confinement.

ICE maintains that detained immigrants are held in safe, secure, and humane environments and that segregation is only used as a last resort. ICE's spokesperson emphasized that immigrants have the ability to file complaints about facility conditions and staff conduct. However, the reported increases in the use of solitary confinement and the detrimental effects on immigrants' well-being highlight the need for greater oversight and accountability in ICE detention facilities.

The report calls for immediate action to address the misuse of solitary confinement and to improve conditions in ICE detention facilities. With the upcoming election year, it will be important for policymakers and stakeholders to prioritize these issues and advocate for meaningful changes that protect the human rights of immigrants in detention.