Nearly a dozen legislators have called on the Department of Homeland Security to put an end to the misuse of solitary confinement in immigration detention facilities, citing a recent report from Physicians for Human Rights that highlighted alleged inhumane treatment of immigrants in ICE facilities. The legislators, including Senators Ed Markey, Elizabeth Warren, and Bernie Sanders, urged DHS to find alternatives to solitary confinement and phase out the practice.
The letter addressed to Secretary of Homeland Security Alejandro Mayorkas and ICE Acting Director Patrick Lechleitner requested information on the agency’s solitary confinement practices and the role of DHS oversight by April 5. The Physicians for Human Rights report found that many immigrants were placed in solitary confinement for minor disciplinary offenses or as retaliation for participating in hunger strikes or submitting complaints. The report also revealed that detained immigrants were placed in solitary confinement over 14,000 times between 2018 and 2023, with stays averaging 27 days, exceeding the 15-day threshold recommended by the United Nations.
Solitary confinement has been linked to adverse health effects, including the exacerbation of mental illnesses, according to the National Alliance on Mental Illness. ICE issued a directive in 2013 to increase oversight and limit the use of solitary confinement for vulnerable populations. However, ongoing concerns from legislators and the public led to a report from the Office of the Inspector General in October 2021, which highlighted the need for improved oversight of the policy on segregation use. In July 2023, multiple immigration advocacy groups filed a complaint against ICE over the alleged misuse of solitary confinement.
In response to the letter from legislators, DHS and ICE did not immediately provide a comment to Forbes. The lawmakers expressed concerns that ICE’s solitary confinement practices may constitute cruel and unusual punishment in violation of the U.S. Constitution, given the significant risk of psychological, emotional, and physical harm associated with solitary confinement. The U.N.’s Human Rights Council Special Rapporteur proposed a worldwide ban on the practice in 2011, recommending a 15-day limit for the use of solitary confinement.
In an effort to increase transparency about operations, ICE officers in five cities will begin wearing body cameras. However, the agency indicated that it does not have the resources to roll out the program fully due to a significant budget deficit. The use of solitary confinement for immigrants in detention centers has been a controversial issue, with advocates and detainees decrying the conditions in some facilities. This recent call from legislators to end the misuse of solitary confinement in immigration detention reflects ongoing concerns about the treatment of immigrants in ICE facilities and the need for reform in the system.
