AP: Immigrants face long detention, few rights
America’s detention system for immigrants has mushroomed in the last decade, a costly building boom that was supposed to sweep up criminals and ensure that undocumented immigrants were quickly shown the door.
Instead, an Associated Press computer analysis of every person being held on a recent Sunday night shows that most did not have a criminal record and many were not about to leave the country – voluntarily or via deportation.
An official Immigration and Customs Enforcement database, obtained under the Freedom of Information Act, showed a U.S. detainee population of exactly 32,000 on the evening of Jan. 25.
The data show that 18,690 immigrants had no criminal conviction, not even for illegal entry or low-level crimes like trespassing. More than 400 of those with no criminal record had been incarcerated for at least a year. A dozen had been held for three years or more; one man from China had been locked up for more than five years.
Nearly 10,000 had been in custody longer than 31 days – the average detention stay that ICE cites as evidence of its effective detention management.
Especially tough bail conditions are exacerbated by disregard or bending of the rules regarding how long immigrants can be detained.
Based on a 2001 ruling by the U.S. Supreme Court, ICE has about six months to deport or release immigrants after their case is decided. But immigration lawyers say that deadline is routinely missed. In the system snapshot provided to the AP, 950 people were in that category.
The detainee buildup began in the mid 1990s, long before the 2001 attacks on the World Trade Center and the Pentagon. Since 2003, though, Congress has doubled to $1.7 billion the amount dedicated to imprisoning immigrants, as furor over “criminal aliens” intertwined with post-9/11 fears and anti-immigrant political rhetoric.
But the dragnet has come to include not only terrorism suspects and cop killers, but an honors student who was raised in Orlando, Fla.; a convenience store clerk who begged to go back to Canada; and a Pentecostal minister who was forcibly drugged by ICE agents after he asked to contact his wife, according to court records.
Immigration lawyers note that substantial numbers of detainees, from 177 countries in the data provided, are not illegal immigrants at all. Many of the longest-term non-criminal detainees are asylum seekers fighting to stay here because they fear being killed in their home country.