Deaths of Immigrants in U.S. Custody Expose Need for Reform

The New York Times and the ACLU recently obtained documents proving that government officials systematically covered up malicious abuse that contributed to the deaths of 107 immigration detainees being held in federal custody since late 2003.

Civil and human rights groups have long been concerned with the way immigration detention facilities are run and have called on Congress to make reforms. In a July 2009 report, the ACLU and the National Immigration Law Center, found that immigration detention facilities – which are a combination of privately run jails, federal prisons, and county facilities – routinely violate detainees’ basic rights, including the right to adequate access to mail and telephone, sanitary living conditions, and legal and personal visitation.

“The immigration detention system needs to be infused with far greater levels of independent oversight and transparency than which currently exits,” said Will Matthews on the ACLU blog. “Congress should pass immigration detention reform as part of any comprehensive immigration reform legislation.”

In December, Rep. Luis Gutierrez, D. Ill., introduced comprehensive immigration reform legislation to fix the nation’s broken system. In addition to making necessary reforms to the immigration system overall, the bill would require the Department of Homeland Security to:

• ensure adequate medical care;


• provide immigration council during hearings;


• ensure an immigration judge review of all detention decisions; and


• clarify that immigration enforcement authority belongs exclusively to the federal government.

Rep. Gutierrez’ bill has attracted broad support of the civil rights community. Joanne Lin, ACLU legislative council, said that “this is the first comprehensive immigration reform bill that aims to rectify some of the egregious immigration practices set in place since 1996.”