Nearly a dozen legislators are urging the Department of Homeland Security to end the misuse of solitary confinement in immigration detention facilities in a letter addressed to Secretary Alejandro Mayorkas and ICE Acting Director Patrick Lechleitner. The letter follows a report from Physicians for Human Rights alleging inhuman treatment of immigrants placed in solitary confinement for minor offenses or as retaliation.
The lawmakers, including Sens. Ed Markey, Elizabeth Warren, Bernie Sanders, and others, are requesting information on the agency’s solitary confinement practices and the role of DHS oversight by April 5. The report found that immigrants were placed in solitary confinement over 14,000 times between 2018 and 2023, with stays averaging 27 days, well exceeding the 15-day limit recommended by the United Nations as constituting torture.
Solitary confinement has been associated with adverse health effects, including the onset of new mental illnesses and worsening existing conditions. ICE issued a directive in 2013 to increase oversight and limit the use of solitary confinement for vulnerable populations. However, concerns from legislators and the public persist, with a 2021 Inspector General report highlighting the need for improved oversight of segregation use and advocacy groups filing complaints in 2023 over alleged misuse of the practice.
The U.N. Human Rights Council Special Rapporteur proposed a worldwide ban on solitary confinement in 2011, recommending a 15-day limit for the practice. The letter from the legislators raises concerns that ICE’s solitary confinement practices may constitute cruel and unusual punishment in violation of the U.S. Constitution. DHS and ICE have not yet responded to requests for comment on the matter.
In a separate development, ICE announced that officers in five cities will begin wearing body cameras to increase transparency around operations, though the agency cited resource constraints in rolling out the program fully due to a significant budget deficit. The use of body cameras comes amid ongoing scrutiny of ICE practices and concerns raised by detainees and advocates regarding conditions at detention centers, including reports of ‘horrific’ conditions at a facility in Louisiana.
The issue of solitary confinement and the treatment of immigrants in detention facilities continues to be a point of contention, with legislators calling for an end to the practice and greater oversight from DHS. With concerns over the potential harm caused by solitary confinement and the need for transparency in ICE operations, the debate around immigration detention practices is likely to remain in the spotlight as advocacy groups and lawmakers push for reforms in the system.
