Democratic lawmakers are pushing for an end to the use of solitary confinement in immigration detention centers, citing concerns over violations of international norms. Senators such as Ed Markey, Elizabeth Warren, and Bernie Sanders have called on Homeland Security Secretary Alejandro Mayorkas and ICE acting Deputy Director Patrick Lechleitner to limit the practice. A recent study revealed an increase in the use of solitary confinement by ICE, with over 1,100 instances in the third quarter of 2023 alone. The average duration of solitary confinement exceeded the 15-day threshold considered torture by United Nations experts.
Researchers at Harvard University and Physicians for Human Rights found that ICE has placed individuals in solitary confinement over 14,000 times in the past five years. The senators are particularly concerned about detainees in vulnerable populations, such as LGBTQ individuals and those with mental health conditions. Medical and mental health issues are frequently cited as reasons for placing detainees in segregation, according to ICE data. The senators have urged DHS and ICE to phase out the use of solitary confinement and implement clear rules to limit its use.
ICE statistics show that the agency detains over 38,000 people each day, a significant increase since President Biden took office. Concerns over the use of solitary confinement in immigration detention centers have been ongoing, with reports of its use for minor infractions or retaliation against hunger strikes. In 2019, an NBC News investigation found widespread use of solitary confinement for immigrant detainees under both the Obama and Trump administrations. Even under the Biden administration, concerns persist about the increased use of solitary confinement, both in federal prisons and immigration detention centers.
Advocacy groups have expressed dismay over the continued use of solitary confinement and are pushing for reforms ahead of the upcoming election. Lawmakers have introduced bills to largely ban the practice on federal inmates and detainees. Jesse Franzblau of the National Immigrant Justice Center believes that the arbitrary nature of solitary confinement in federal facilities must change. The senators are seeking answers from DHS and ICE regarding steps taken to limit the use of solitary confinement, breakdowns of time spent in isolation, and responses to recommendations for clearer policies on segregation.
ICE issued a directive in 2013 stating that placement in segregation should be carefully weighed and used only when necessary. The agency agreed to protect transgender individuals in a 2015 memorandum. Despite these guidelines, concerns persist regarding the overuse of solitary confinement in immigration detention centers. Democratic lawmakers have called for an end to the practice, citing its cruel and unfair nature. The Biden administration is facing scrutiny over the increased use of solitary confinement in both federal prisons and immigration detention centers, prompting calls for reform and stricter regulations on its use.
