Some Democratic lawmakers are demanding an end to the use of solitary confinement in immigration detention centers, or at least the establishment of rules to limit its use. They accuse the federal government of violating international norms by isolating individuals in facilities for extended periods, using solitary as punishment for minor offenses, and placing vulnerable individuals, including those with mental health conditions, in solitary confinement. ICE statistics show that the agency detains over 38,000 individuals each day, which is an increase of about 15,000 since President Joe Biden took office in 2021.
A recent study revealed that there were 1,106 instances of solitary confinement, or “segregation,” in the third quarter of 2023, representing a 61% increase from the previous year. Researchers found that ICE had placed individuals in solitary confinement over 14,000 times in the past five years, with an average duration of 27 days—exceeding the 15-day threshold deemed as torture by United Nations experts. Democratic lawmakers are urging DHS and ICE to issue binding rules limiting the use of solitary confinement and ensure that these rules are followed, with a particular focus on protecting vulnerable populations such as LGBTQ individuals and those with mental health conditions.
Massachusetts Sens. Ed Markey and Elizabeth Warren, along with Illinois Sen. Dick Durbin, are among the lawmakers advocating for the phase-out of solitary confinement in immigration detention centers. They are especially concerned about reports of its use on detainees for minor infractions or as retaliation for hunger strikes. The senators are calling for clear and consistent policies for segregation and have posed questions to DHS and ICE about the steps taken to limit solitary confinement, breakdown of time spent in segregation, and actions in response to government oversight recommendations.
ICE issued a directive in 2013 stating that segregated housing should be used only when necessary and in compliance with detention standards, with placement in administrative segregation for special vulnerabilities to be a last resort. In 2015, the agency agreed to protect transgender individuals in its facilities. Immigration advocacy groups are dismayed by the continued use of solitary confinement and suggest that it is an issue of significance ahead of the upcoming election. Concerns over the use of solitary confinement have persisted under the Biden administration, despite campaign promises to end the practice in federal prisons.
In 2019, an investigation revealed widespread use of solitary confinement for immigrant detainees in ICE custody under both the Obama and Trump administrations. Detainees in Louisiana have reported the threat and use of solitary confinement as punishment. The Biden administration has faced criticism for an increase in restrictive housing in federal prisons, contrary to campaign pledges. Bills introduced by Democrats in Congress aimed to largely ban the practice of solitary confinement for federal inmates and detainees. Advocates believe that the arbitrary use of solitary confinement in federal facilities must change to ensure the fair treatment of individuals in immigration detention centers.
