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ICE announces major reforms to immigration detention policy

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The US plans to implement large-scale changes to its immigration detention system, Immigration and Customs Enforcement (ICE) announced Thursday. According to ICE Assistant Secretary John Morton, the goal is to reduce the number of illegal immigrants in jails and jail-like facilities, to improve the living conditions of detainees, and to make sure the detainees' rights are not violated. To this end, Morton announced the creation of an Office of Detention Policy and Planning (ODPP), which will be charged with overseeing the location and operation of detention facilities, ensuring that detainees have access to health care, and taking steps to prevent the persecution of detainees. Morton also announced that the controversial T. Don Hutto Family Residential Center would cease to hold families, and proposed turning it into a center for women only. The American Civil Liberties Union (ACLU) called the closure of the family detention facility "extremely welcome and long overdue," but claimed that the measures announced Thursday "failed to address a number of holes in the system." Similarly, the National Immigration Law Center (NILC), which last month issued a report criticizing ICE, said Thursday's announced measures "are indicative of movement toward better protecting due process rights of detainees." However, the same statement said the measures "closely resemble policies already in place, and are insufficient." The plan is expected to be implemented over several years. Since its creation in 2003, ICE has been criticized for many of the methods it uses to capture and detain illegal immigrants. Last month, the Immigration Justice Clinic at the Cardozo School of Law released a report saying that immigration agents have committed numerous constitutional violations during raids on immigrants' homes. In February, the clinic reported that ICE documents obtained under the Freedom of Information Act (FOIA) show that Bush administration immigration enforcement tactics were both overly-aggressive and ineffective. Earlier this month, the US Department of Homeland Security announced changes to immigration policies for state and local agencies. The new policies create uniform standards for local agencies that will require them to pursue all criminal charges leading to an immigrant's arrest prior to initiating removal proceedings.

Full post as published by JURIST - The Paper Chase on August 07, 2009 (boomark / email).