ICE Is Immigration Detention Enforcement

Chapter I
Introduction
Many would agree that immigration is a major issue in the United States and that immigration reform should be a priority. Throughout history, U.S. immigration has controlled the flow of immigrants through our borders. During the late 1800’s, immigration detention began at Ellis Island. It was only a short time after when the United States set up inspection stations at major ports of entries to restrict immigrants along the southern border. As America was expanding through the southwest, Cattle ranchers required vast amount of land to sustain large herds. It wasn’t until America entered the First World War when border control began to ease. As American man went off to Europe, the United States Government relaxed border

restriction to offset the labor shortage. It wasn’t until 1924 when the United States Congress established the U.S. Border Patrol. During these times, Prohibition had encouraged smuggling trade from Mexico into a dry America. Immigration detention developed over time to include many U.S. citizens and non-citizens living in the U.S. As America entered the second World War, the U.S. government, in an effort to prevent Japanese loyalists from colluding, contained over 120,000 Japanese American citizens and non-citizens in internment camps. Interestingly, Immigration detention peaked in the 1980’s under the Reagan administration. In 1986 President Ronald Reagan signed an immigration reform bill into law. The Immigration Reform Act offered amnesty to nearly three million people who had entered the United States before 1983. As reported by National Public Radio in 2012, The Law was initially sold as a crackdown on immigration through tighter security at the Mexican border and would impute strict penalties for employers who hire undocumented workers. Although 2.9 million people took advantage of the amnesty, the Act was considered a failure, due to the stricter sanctions on employers were dropped from the bill before signed. Even back in the 1980’s Ronald Reagan feared that illegal immigrants were going to be abused in some way, either financially or physically. Stating; “they have no rights” (NPR staff, 2010). Immigration reform is a living document that changes periodically to help strengthen and streamline immigration laws. In the early 1990’s California voters approved proposition 187 rendering immigrants who were residing in the country ineligible for public benefits. In 1996, Pub. L. 104-208, the Illegal Immigration Reform and Immigrant Responsibility Acts were designed to improve border control. With the fallout from the terrorist attacks of September 11, 2001 came the push for stricter immigration laws giving way to the PATROIT Act.
The problem statement
After the terrorist attacks on the World Trade Center in New York’s Manhattan district on September 11, 2001. The United States Government Stood up the Department of Homeland Security. The United States Government needed stricter control the illegal immigration flow crossing the borders. In March 2003, the Homeland Security Act funded the single largest government reorganization since the Department of Defense. The Department of Homeland Security (DHS) was formed. Within the DHS, the United States Government established Immigration Custom Enforcement, (ICE). “ICE was granted a unique combination of civil and criminal authority to protect national security and public safety” (Immigration Customs Enforcement, 2017). ICE consists of three directories; Homeland security investigations (HSI), Enforcement and Removal Operations (ERO) and Management and Administration (M&A) (Immigration Customs Enforcement, 2017). Although, all three divisions are responsible in the operational and control of both civil and criminal authorities, this paper will focus on the issues within Immigration Detention centers along the southwest border. Moreover, how the United States of America's immigration detention centers have become a haven for sub-culture crime, extraneously leaving women and children victims of abuse by male detainees and immigration officers alike. Having separate adult male facilities would protect women and children from abuse.
Purpose and objective of the study
The purpose of the research is to help provide a comprehensive understanding of Immigration Detention Centers. Thousands of people cross our borders illegally for a myriad of reasons only to end up in one of the 200 plus Immigration Detention centers waiting for the decision of their asylum. Although our U.S. and Mexico border are respected by both countries by a treaty, many South and Central Hispanic occupants of foreign countries traverse our southern border and enter this country illegally, bypassing U.S. laws of immigration services. The time spent in detention negatively impacts detainees, specifically women and children, including family units who suffer both physical and mental abuse without recourse.
To affirm the conditions within the ICE detention centers and privately owned immigration detention centers under government contracts along the southwest borders. This report will reveal the abuse to immigrant detainees within the immigration detention centers. Moreover, the abuse both mental and physical to the women and children within the walls of the immigration detention centers. Furthermore, the long-term effects of these abuses have on women and children after they have been released, whether they are deported back to their home of origin and are granted amnesty.
Rationale of the study
To give a better understanding of what policies and practices are at the disposal of Homeland Security agency, ICE and their role in Immigration Detention Centers. How administrative personnel can implement and enforce policies to ensure a more humane detention while illegal immigrants are waiting for their response for asylum. Furthermore, how Immigration Detention Centers both Federal and private, need to overcome several challenges that have given them the stigma of “people for profit” that has overshadowed the mission goals of detention of illegal immigrants.
The border control and migration issues have increased in recent years, affecting the lives of not only people escaping abuse from their own countries, but the undocumented and their families that may have been born into citizenship. Both ICE and private immigration detention centers are overcrowded. Moreover, the effect of overcrowded immigration detention centers has within the culture and subculture of its detainees. When women and children are placed with men, many know hard criminals, breads a sub-culture of abuse. The time within the detention centers can vary from 6 months to several years.
Definition of Terms
ACLU is American Civil Liberties Union, is a nonpartisan, non-profit organization whose stated mission is to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States.

ICE is Immigration Detention Enforcement, is one of the agencies formed during the 2003 the Homeland Security Act. ICE is a federal law enforcement agency with a unique combination of civil and criminal authorizes to better protect national security and public safety.
ID/C is Immigration/ Detention, is a center for the purpose of controlling illegal immigration/immigrants while asylum is considered. Under immigration laws, the policy of holding an individual or individuals who are in suspicion of visa violations, illegal entry of unauthorized arrival into the United States. These individuals are held in Immigration Detention Centers until granted a visa and are released into the community, or are sent back to their country of departure.
CIVIC is a Community Initiative for Visiting Immigrants in Confinement (CIVIC). The national immigration detention visitation network is an organization working to end the U.S. immigration detention system by monitoring human rights abuses, elevating stories, building community-based alternatives to detention, and advocating for system

change.
DHS is Department of Homeland Security, was formed in 2003 and its mission is to secure the nation from the many threats we as Americans face.
GEO/PPC are Private Prison Corporation, GEO’s U.S. Corrections and Detention division oversees the operation and management of approximately 80,000 beds in 74 correctional and detention facilities, which represents the fifth largest correctional system in the United States. GEO’s U.S. Corrections & Detention division provides services on behalf of the Federal Bureau of Prisons, U.S. Marshals Service, and U.S. Immigration and Customs Enforcement, as well as 10 state correctional clients and various county and city jurisdictions. Private Prison Corporations (CoreCivic©) is the largest private corrections company in the United States. It manages more than 65 state and federal correctional and detention facilities with a capacity of more than 90,000 beds in 19 states.
IIRIRA is, The Illegal Immigration Reform and Responsibility Act, represents an effort by Congress to strengthen and streamline U.S. immigration laws. The Act was designed to improve border control by imposing criminal penalties for racketeering, alien smuggling and the use or creation of fraudulent immigration-related documents and increasing interior enforcement by agencies charged with monitoring visa applications and visa abusers.
Limitation of studies
The limitations of the study were comprised of not having enough information from government agencies due to their sensitive nature. Peered reviewed articles provide only limited information. This research relies on online media sources from articles, documents, and book excerpts. Although many studies were conducted, the outcomes vary from the writers stand point. Accurate statistics concerning abuses within the immigration detention centers are not readily available for 2016-17 calendar years.
Theoretical framework
To outline the major issues related to immigration detention within the immigration detention centers. To set the framework of inhumane treatment or lack of interest to provide treatment to detainees being held in immigration detention centers. The need for conceptual clarity as to why immigration detention continues to expand as Silverman and Massa (2012) explains in their article “why immigration detention is unique, suggest there is evidence that the practice of detention harms people, does not deter irregular immigrants and fails to ensure efficient and effective immigration and asylum determination” (Silverman & Massa, 2012).
Although every country has the right to detain suspected illegals, the United States found profits in immigration detention.

There is no doubt ICE detention has expanded since inception. In an overview of immigration detention centers, Schriro submits hard statistics based on, “rapid expansion of ICE’s detention capacity of less than 7,500 beds in 1995 to over 30,000 in 2006” (Schriro, 2009). In just over ten years, the number of beds tripled. Moreover, in 2009 there were over 300 detention facilities that detain 380,000 to 442,000 persons per year (CIVIC, 2017). People within these detention centers are left without the benefit of personal security and medical oversight. Predators within these massive facilities reach havoc in a sub-culture type environments by forcing women and children in abusive situations, including forced sex and both physical and mental harm. With massive detainee population and minimum oversight tends to create hopelessness for the victims in many

cases.
Research Hypotheses
The research has suggested that women and children continue to suffer both physical and mental abuses from authoritarians within Immigration Detention Centers. Statistics from ICE in an Immigration Detention Overview and Recommendations as of 2009 “show that of the aliens in detention on September 1, 66 percent were subject to mandatory detention and 51 percent were felons, of which, 11 percent had committed violent crimes. Nevertheless, the majority of the population is characterized as low custody, or having a low propensity for violence (Schriro, 2009). My research hypotheses will show the need for separations of these harden felons from the general detainee population is an imperative to the health and well fair of low risk detainees. Furthermore, though the use of Alternate To Detention (ATD) practices for low risk detainees would provide a cost savings to the government of billions of dollars per year. Additionally, provide them an avenue to seek legal counsel to help streamline their asylum. BLUF, by containing only the high risk and known criminals within the detention centers will prevent abuse within the confines of the immigration detention centers.
Summary of remaining Chapters
This paper is a comprehensive analysis based on research conducted in both pro and con views of immigration centers. Moreover, on the abuse, both physical and mental, by both the detainees within the same population and the officers, government and non-government alike to women and children within immigration detention centers. Specifically, on overcrowded and antiquated detention centers with minimal oversight are a haven of sub-culture of violent crime. Furthermore, to understand the influx of women and children within immigration detention centers is creating a paradigm shift from a majority male infrastructure. A shift where women and children crossings are on the rise. Additionally, how the financial impact to detain, process and release or deportation of undocumented immigrants have become big business. Lastly, how the lack of concern for human rights has become a crisis at the U.S. and Mexican border.
Chapter III will go over all data and numbered facts to support information chapter II.
Chapter IV will be the ending thoughts and opinions. It will go over all concluding facts and recommendations.

Chapter II
Literature Review
Immigration detention is the practice of incarcerating of undocumented immigrants while they await a determination of their immigration status or potential deportation. In a recent report published in the Detention Watch Network, “In 2013, the United States government detained approximately 441,000 people in a sprawling system of over 200 immigration detention centers across the country” (Staff, 2016). Hernandez brings to light, “of the approximately 400,000 immigrants, 90% originate from and being deported to Latin America” (Hernandez, 2013). Comparatively, the other 10%, of the undocumented detainees, a large number being detained are known and legally documented. Regardless of document status, as per the ACLU Foundation, many have been in the United States for years and are now facing extradition, as well as survivors of torture, asylum seekers and other vulnerable groups including children, pregnant women, and individuals who are seriously ill (American Civil Liberties Union, 2014).
American immigration detention centers are not classified as Jails or prisons, as a matter of fact, immigration detention centers are classified as civil detention, according to Rizzo (2015, para. 26). By the same token, the population within the immigration detention centers spends between three months to more than five years waiting for a decision. The major reason, according to Rizzo, is “non-citizens pose a risk of flight or threat to public safety while the decision on their immigration ease is pending” (Rizzo, 2015). Until they are released with immigration papers or extradited, the detainees gravitate within a subculture as a means of protection and even survival. As pointed out in a 2011 article by Villalobos, “U.S. detention centers have been increasingly criticized for the mistreatment of detainees and substandard, sometimes fatal medical care” (as cited in Bernstein, 2009). Moreover, Villalobos, (2011) reported in Promises and Human rights, the Obama administration
on immigration detention policy reform, from 2001-2011, immigrant rights advocates have increasingly criticized certain policies of the U.S. Immigration Custom Enforcement (ICE) system of immigration detention, including the widespread use of private contractors, lack of proper oversight, grouping of violent criminals and non-violent undocumented immigrants (particularly minority women and children) in holding cells, and neglect of detained immigrants in need of medical attention. (Villalobos, para. 1)
As a matter of record, Podkul & Obser point out, “When families are detained in different federal facilities, there is no way to regularly monitor and inform the detainee where their family member is located, making it nearly impossible to reunite or pursue a joint asylum claim without console” (Podkul & Obser, 2016). Detainees become a number waiting in the political bureaucratic red tape waiting without recourse for a decision on their case. More often than not, many require medical attention for various issues only to get lost in the system.
Abuse within Immigration Detention Centers.
Abuse within the immigration detention centers comes from many methods; one form is the use of solitary confinement as a means for both punishment and protection. Solitary confinement within the prison system is a technique to confine known inmates from allegedly endangering the general population. Conversely, within immigration detention, solitary is used as a tool to control behaviors such as rule breaking to meal refusal. Furthermore, detention is also designed for the protection of the LGBTQ community and/or mentally ill immigrants, according to Hernández (2013, para. 3).
Medical and mental care are all but absent when it comes to the care of immigrants being held in ID/C’s. Specifically, many women have come to the U.S. to escape a violent and abusive situation. After the long journey to the United States, as Villalobos points out, “Many women who are detained are victims of violence of persecution, and have critical medical and mental health needs (Villalobos, 2011). Not to mention the sexual abuse these women and children within the ID/C’s suffer. Many detainees fall victims of sexual abuse while waiting for a verdict on their immigration status. Violent predators stalk and abuse women and children only to be threatened, or their families if they talk. Furthermore, “guards and the detention facility staff member hold considerable power over detainees. Any lack of accountability over jail staff leaves women vulnerable to the danger of sexual assault from jail staff or other inmates” (Villalobos, 2011). More compelling statistics suggest, as per the ACLU, as of 2011, Texas alone had 56 reported allegations of sexual abuse. Including only the southwest border ID/C’s totaled just fewer than 100 reported allegations (American Civil Liberties Union, 2014). The results can be devastating; the lack of medical attention has been directed attributed to over 100 deaths within the immigration facilities from the denial of basic human rights (Hernández, 2013).
Immigrates and basic human rights
Detainees on occasion have protested the deplorable conditions within the ID/C’s to the point of large scale uprisings. Diaz & Keen describes the riot like conditions that broke out in Raymondville, Texas ID/C because of inadequate health services, inhumane conditions and sexual abuse (Diaz & Keen, 2015). These unfortunate events have become common within many ID/C’s over several years. The grievances of concern have become identical with prison industry complex (PIC) finding the for-profit industry is devoid of oversight and lacks regulatory measures resulting in gross violations of human rights (Diaz & Keen, 2015). Correspondingly, the United States Immigration Detention Centers have been experiencing a paradigm shift over the last several years. Due to the increased detention rates of undocumented immigrants, for profit prisons, “Private Prison Corporations” (PPC) have become a main actor within the bureaucratic triad of government agencies and Congress. Due to the lobbying of for-profit prison, the system is viewed as a “people for profit” corporation. This, coupled with the congressional appropriations law requiring ICE to maintain immigration detention bed quotas per day dictates for-profit principles (National Immigrant Justice Center, 2017). The oversight of basic human rights such as medical treatment is clearly on the top of the detainee’s agenda. Villalobos expounds on several cases, mostly women who are victims of neglect of medical and mental illnesses. Moreover, he points out the ID/C system does not address specific needs of women. Coupled with a culture and language barrier within the bureaucratic practices of ICE, makes it extremely difficult to obtain medical and mental care (Villalobos, para.23). Detention conditions are based on inadequate guidelines that establish detention center standards. Interestingly, a point often overlooked as Hernández reminds us, “According to ICE officials, ICE has never technically terminated an agreement for noncompliance with its detention standards” (Hernandez, 2008).
With the influx of families escaping dangerous and abusive homes within their own countries, Podkul & Obser contend when families arrive the United States they become separated once they are assigned to a ID/C, this “causes undue trauma to children and may violate the Victim of Child Abuse Act of 1990” (Podkul & Obser, 2016). CNN correspondent points out the demographic shift of gender crossing the southwest border, citing the number of individual people that cross the border has dropped while the number of family units has swelled to over 77 thousand as of November 2016 (Morales, 2016). These issues with separation of families within the detention centers have been overlooked. As a matter of fact, Podkul and Obser find that “many of these families face arbitrary separation due to administrative failures to appropriately identify and track familial relationships or respect the principle of family unity during immigration enforcement actions” (Podkul & Obser, 2016).
Paradigm shift (immigrant families)
While immigrants are detained, their treatment is comparable to those who are imprisoned. Detained immigrants are frequently subjected to harsh conditions such as, confinement, inadequate medical care, no access to legal counsel or family. Ewing points out, both “immigrants and native born citizens alike fell victim to beating and other forms of abuse at the hands of Border Patrol agents” (Ewing, 2014 p. 199). In recent years, detention centers have experienced an increase in family immigrates. Families who flee violence from Central and South America for the purpose of protection and to seek asylum obtain a significantly different perspective of the United States upon their arrival. These families are sent to detention centers with little access to legal and social services. Moreover, immigrant families often experience human and civil rights violations (American Civil Liberties Union, 2014). Once assigned to a detention center, the men and women may be detained in separate facilities for any given reason. Podkul and Ober explain the rationale comes from “unverified biological relationship, inadequate screening, arbitrary and inadequate custody determinations, or even as a punishment or deliberate measure (Podkul & Obser, 2016). Despite a husband and wife being legally married, they are often separated. If it's a family unit, and mother and child or children can be determined biologically they may be assigned within a family oriented detention center, if available. A detention center was not what mothers expected upon arrival into the United States. It can be a shocking experience being confined in a militant sub-culture. Delacroix & Nikiforov point out, children are particularly vulnerable. Children within detention centers may experience weight loss, gastrointestinal problems, and suicidal thoughts. Regardless of the amount of time they are detained, children often suffer psychological trauma and permanent mental health issues (Delacroix & Nikiforov, 2008). The same post-traumatic stress disorder (PTSD) as military personnel returning from war. Families fleeing an abusive relationship or a violent government embark on a journey of thousands of miles lined with predators, thieves, rapists. If they are successful to get to the U.S. border, the last thing they expect is more of the same. As per Podkul & Obser, Separation of adult family members during the deportation process has also shown to expose deported individuals to serious harm, rendering them more vulnerable to abuse, assaults, kidnapping, and trafficking (Podkul & Obser, 2016). Mental and physical abuse leaves detainees little hope of what their future holds. Armed with little or in many cases zero knowledge, not to mention, no legal representation to help them navigate through an unfamiliar government bureaucracy leaves them vulnerable to “prison politics” within the detention centers.
The legal issues of immigration detention centers
Do immigrants that are held in detention have rights? According to Feere, “the Supreme Court has held that deportation is not a punishment, but rather an administrative procedure whereby an illegal alien is returned to his homeland. The alien has not been deprived of life, liberty, or property; so many constitutional protections do not apply” (Feere, 2013). The detainee may not have rights under the U.S. constitution; nevertheless, there is a grievance procedure available to help protect the detainees while they are waiting for their immigration status. The grievance process is explained by Jorgensen as a “formal complaint made when a person’s wish to report a serious problem or make an official complaint that they believe is grounds for disciplinary action or should be investigated further by administrates” (Jorgensen, 2017). He goes on to explain, that most the grievances are often ignored or never given the opportunities to be filed (Jorgensen, 2017). The grievance procedures are rights under the “Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or punishment act”, or simply (CAT). Under International law, which the United States is a signatory as of 1987, Detainees are guaranteed certain human rights, that being the case, ICE is consistently in violation of article 12 and 13. Jorgensen points out, Article 12 and 13 citing,
each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction. Article 13 cites, each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given (Jorgensen, 2017).
Consequently, immigration detainees do not have a right to an attorney although, as Feere writes, “there have been proposals in Congress to criminalize immigration law, and such a change would effectively grant illegal aliens a constitutional right to an attorney” (Feere, 2013). A myriad of lawsuits have been filed against ID/C’s, both Federal and privately operated detention centers under government contract. The list of infractions may range from physical abuse in violation of anti-slavery law, including federal trafficking protection laws (Gold, 2017).
Federal vs privately contracted detention centers
Privately owned prisons/ detention centers have no sense of urgency when it comes to providing their detainees with the civil resources it takes to move forward. Whether the detainees are waiting to be deported or have been granted amnesty, the private controlled institutions lose federal money if beds are not kept to full capacity. According to Speri, a multimedia journalist with an incredible interest in justice, moreover, civil rights explained in an article released late in August last year,
the Justice Department announcement on Thursday that it would seek to end the use of private contractors to run its federal prisons was a monumental one that quickly sent private prison stocks plunging and drew praise from dozens of human and civil rights groups that for years had been denouncing abuse and neglect in private facilities (Speri, 2016).
The Department of Homeland Security has government contracts with 46 private detention facilities across the United States. The two largest private prison corporations are GEO group and the Correction Corporation of America (CCA). The cost of privately ran detention centers went from 700 million in 2005 to more than 2 billion today. This increase has been profitable for GEO Group and CCA enjoying a 42% increase in revenue equating to 724.2 million in 2014 (Diaz & Keen, 2015).
These private detention centers hold approximately 25 thousand detainees daily. With approximately 57 thousand detainees held in the United States each day. Over the prior decade, the number of detainees has soared 46%, reaching unprecedented overcrowding within the detention centers. Overcrowding is responsible for the prisons type of sub-culture within the detention centers. According to Speri, “more than 70 percent of detainees held, on average, are living in privately run facilities, where unsafe and abusive conditions have been amply documented” (Speri, 2016). It is incredibly difficult to separate the harden type criminals from interacting with the more vulnerable youth within the same confines. Detainees within the detention centers should be processed and given resolution a