The Midwest Coalition for Human Rights’ Immigrant Detention Committee works to uphold the human rights and to protect the due process rights of immigrant detainees, particularly those held in county jails under contract with ICE throughout the Midwest. The Committee seeks to change detention conditions in facilities holding immigrants in the Midwest, affect reform of detention policy at the regional and national levels, reframe the public debate on immigrant detainees within the larger scope of human rights, and create a constituency that promotes the rights of immigrants, refugees, and asylum seekers. By bringing together independent Midwest organizations with a common interest, the Immigrant Detention Committee hopes to leverage their independent resources, collaborate on joint endeavors, and serve as a link between local, regional, and national detention reform efforts.
Background
- Everyday, the U.S. government detains 27,500 immigrants in county jails and detention centers in towns throughout America. Everyday, the government betrays basic American ideals of justice and human rights.
- Immigrants are not detained by the government because of criminal actions, and many have no criminal history. Rather, they are held in custody by the U.S. Department of Homeland Security while waiting for the resolution of their immigration proceedings.
- Between 10 and 13 percent are asylum seekers or torture survivors who fled their home countries to escape persecution and were arrested by U.S. immigration officials because they lacked proper documents.
- In the Midwest, asylum seekers are held in county jails and are frequently housed with criminal inmates. The jails that hold immigrant detainees are not designed to serve asylum seekers or victims of violence with health problems.
In 1996, the U.S. Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act. This legislation mandated the detention of certain immigrants and asylum seekers. As a result, the number of immigrants held in detention has increased substantially. These individuals, many of whom entered the U.S. to seek refuge from persecution, war or political upheaval in their homelands, are held in U.S. custody while the government decides whether to grant them admission into the U.S. or deport them to their home countries. In 1994, the number of immigrants in U.S. custody on any given day was 5,532. By 2006, the daily average had risen to 27,500. Currently, an estimated 300,000 non-citizens are held in detention each year by U.S. Immigration and Customs Enforcement (ICE).
ICE is an investigative and enforcement arm of the U.S. Department of Homeland Security. It is responsible for enforcing the immigration laws, including detention and deportation of immigrants that are ordered removed from the United States. ICE holds detainees on civil (rather than criminal) charges pursuant to immigration law. Civil detention leaves immigrants with limited rights. Detained immigrants have the right to a lawyer, but not at government expense. As a result, they must locate an affordable attorney, a legal aid organization, or an attorney that will take their case pro bono. This task is nearly impossible to accomplish for an immigrant in detention, particularly if a detainee is a non- English speaker or is being held in an isolated location far away from free or affordable legal representation. Furthermore, individuals can be held for months or years without the opportunity to have their detention reviewed in court.
In fact, immigrant detainees in civil custody have fewer legal protections than individuals who are charged with criminal offenses. This is contrary to international human rights laws, which provide protection from arbitrary detention. International human rights treaties and conventions specify that detainees’ rights include due process of law, including the right to counsel, the right to be informed of all charges, the right to court review of charges, and the right to be treated humanely.
Sources: ICE Immigration Enforcement Initiatives, June 23, 2006; ICE Fiscal Year 2006 Annual Report: Protecting National Security and Upholding Public Safety and Fact Sheet: Fiscal Year 2007, U.S. Customs and Enforcement, Department of Homeland Security; Hearing of the Committee on the Judiciary, Review of USDOJ Immigration Detention Policies, House of Representatives, Dec. 19, 2001.
