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Eleanor Acer

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Debating Immigration Detention Reform

Posted: 10/02/2012 10:55 am

During Wednesday night's presidential debate in Denver, candidates will undoubtedly face a number of questions about immigration. It will be no surprise if these questions concern comprehensive immigration reform, local law enforcement of federal immigration laws or the Obama Administration's decision to defer the deportation of some undocumented immigrants who came to the United States as children. But the candidates should face questioning about detention practices nearby at the Denver Contract Detention Facility and at other jails and jail-like facilities across the nation that are used for immigration detention by U.S. Immigration and Custom Enforcement.

The Denver Contract Detention Facility holds several hundred immigration detainees at any given time -- thousands annually. They are among the hundreds of thousands of immigrants and asylum seekers detained last year in detention facilities across the nation at a cost to taxpayers of $2 billion. If that price tag alone doesn't warrant a question from moderator Jim Lehrer, perhaps the reality of what's happening at facilities should.

These issues have been well-documented by groups like Human Rights First. More recently, a coalition of 22 prominent human rights organizations and individuals, who came together to issue "10 Critical Human Rights Challenges for the next American President," called for reform. That document rightly noted that "despite its leadership in protecting refugees around the world and its history as a nation of immigrants, the United States has failed, in a number of ways, to protect the human rights of refugees and migrants."

Just last month the Obama Administration reported that it had detained almost 430,000 people in immigration detention in the United States last year, an all-time high for our nation. These immigrants and asylum seekers are often detained without individual assessments or prompt court review of detention, and then they are housed in jails and facilities that are inappropriately jail-like, as confirmed by the bipartisan U.S. Commission on International Religious Freedom, the Inter-American Commission on Human Rights, and the UN Special Rapporteur on the Human Rights of Migrants. This isn't a partisan issue. The use of immigration detention rose steeply throughout the Bush administration as well. It's time for both parties, and for these candidates, to take this issue on.

In these tough economic times, $2 billion is a hefty price tag, especially when more cost-effective alternatives exist that can be used in ways that are consistent with maintaining public safety. As documented by Human Rights First in its report "Jails and Jumpsuits," alternatives to detention -- which can include a range of monitoring mechanisms, case-management, and in some cases electronic monitoring - can save more than $100 per day per immigration detainee -- millions annually. These kinds of alternatives have been used effectively in the criminal justice system for years. In fact, at an event held last week by Human Rights First at the University of California at Irvine, one county official explained that his county alone had saved $26 million dollars using a pre-trial alternative services program.

Immigration officials in both the Bush and Obama administrations have pointed the finger at Congress, which has appropriated funding for more than 33,000 immigration detention beds and passed mandatory detention laws for broad categories of asylum seekers and immigrants. Yet few political leaders have been willing to publicly champion the use of cost-effective alternatives to immigration detention or to criticize immigration detention policies that are inconsistent with this country's human rights commitments.

Wednesday night, both presidential candidates will have the opportunity to do just that and to map out a plan to reform the flawed immigration detention system. Here are some promises we'll be listening for the candidates to make:

  • Provide prompt immigration court hearings to assess the need for detention in each individual case, and work with Congress to revise laws that attempt to eliminate individualized assessments of the need for detention;
  • Use cost-effective alternatives to detention in cases for individuals who pose no public risk but need additional monitoring or supervision, and support reallocation of funds from unnecessary detention to alternatives;
  • Cease the use of jails and jail-like facilities for immigration detention, only utilizing facilities with less penal conditions; and
  • Increase access to mental health and medical care, prohibit solitary confinement, and end the detention of children.

The United States is a nation of immigrants. In the words of the poet Emma Lazarus on the Statue of Liberty, our nation is the "Mother of Exiles" who lifts her beacon to welcome those who "yearn to breathe free." It's shocking that those who flee to this country seeking protection from persecution, as well as many other immigrants seeking better lives, are often welcomed to this great nation with shackles and prison uniforms. The candidates should make clear that those policies are out of step with American values.

This blog is part of the series "Ten Critical Human Rights Challenges for the Next President," sponsored by Freedom House. The series will feature renowned experts writing on some of the top human rights issues that should be addressed by the presidential candidates and the next administration. As the candidates participate in policy debates we look forward to a lively discussion of these and other important foreign affairs issues facing our country. For the full series please visit the Freedom at Issue Blog.

 
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During Wednesday night's presidential debate in Denver, candidates will undoubtedly face a number of questions about immigration. It will be no surprise if these questions concern comprehensive immig...
During Wednesday night's presidential debate in Denver, candidates will undoubtedly face a number of questions about immigration. It will be no surprise if these questions concern comprehensive immig...
 
 
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jweider
I know where my towel is
11:27 PM on 10/08/2012
The best alternative to detention would be to deport anyone who is caught in the country illegally the very next day.
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HUFFPOST SUPER USER
topkatnc
Give a stray cat or dog a chance .
07:29 AM on 10/08/2012
The ilegals in my area have been coming her since the 70's .. they don't come here to become Americans .. they come here to work to send money back to their families in Mexico .. you know .. that 1 billion that is sent to Mexico every year , untaxed .. and that's our own government's estimate .. I have yet to met one of them that cared to take the time out to become a legal citizen .. It's not what they are coming here for .. duh .
10:46 AM on 10/06/2012
If you do not immediately seek asylum after crossing our borders illegally, you should be put on a plane or bus back to your home county without any hearing. Progressively worse incarceration should be used for anyone that repeatedly violates our border. I also believe that anyone that hires illegal aliens should face stiff fines and jail time. This would free up all kinds of jobs for the unemployed/underemployed lower skilled.
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inthedesert
Those who never question will fall for anything.
06:33 PM on 10/05/2012
Actually, self-deportation IS the most humane way to deal with these people. Think about this people. I mean, really think about the humaneness of forceable deportation versus people just packing up their 12 kids and going home to Mexico....voluntarily.
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inthedesert
Those who never question will fall for anything.
06:31 PM on 10/05/2012
First of all: Who is persecuting these people in Mexico? Secondly: Why are they being persecuted? Stats show that over 60% of ALL illegals in America are from....yes folks.................MEXICO!!!!! Not Guatamala, not Honduras, not Peru..................MEXICO.
06:26 PM on 10/04/2012
You don't need full penitentaries. Holding camps are fine. Just hold them long enough to get them on a bus headed back to the border. We don't need to treat folks unless they are too hurt to be returned. Releasing on own recognizance is too chancy. Someone who wants to be here that bad is not going to turn themselves in willingly.
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inthedesert
Those who never question will fall for anything.
06:31 PM on 10/05/2012
fanned and faved.
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BeasTT
06:23 PM on 10/04/2012
Those seeking asylum rarely have situations which meet those claims.

We are not obligated to accommodate those who come here illegally.
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inthedesert
Those who never question will fall for anything.
07:33 PM on 10/03/2012
OMG..............just who is "persecuting" Mexicans to the extent that they must "flee to safety in America"? The Mexican govenment provides maps for these people to find their way across the border for god's sake. These illegals are NOT political refugees in any sense of the word. No one with an IQ above 50 believes this tripe.
07:19 PM on 10/03/2012
"It's shocking that those who flee to this country seeking protection from persecution, as well as many other immigrants seeking better lives, are often welcomed to this great nation with shackles and prison uniforms. The candidates should make clear that those policies are out of step with American values."

If you are so concerned with detention, you should support deterring illegal entry and presence through verifying employment and housing. Your "seeking better lives" phrase gives the impression you think illegal presence should just be condoned. What do you think should be the immigration law and enforcement policy of the U.S. Most people quoting Emma Lazarus are simply open borders. Are you?
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hlasv3
Liberty requires eternal vigilence
09:28 AM on 10/03/2012
Are you crazy? Why do you think this country should bend over backwards to do all of this? Mental health care and Medical care? Poor Americans are struggling to get this! Cease jails? Why? This is the only deterrment to everyone from South of the Border running over here for a better life. Why should we spend money on additional monitoring of these illegals? Haven't you heard this country is in financial trouble? I agree they shouldn't be detained but transported back where they came from immediately, preferably to the tip of Argentina where it will take them too long to get back.
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Snake1994
Snakebite!
12:56 AM on 10/03/2012
I suppose you want us to treat them with kid gloves, instead of like criminals. If they obeyed the law they wouldn't be in this predicament. You illegal immigrant advocates are just too much.
12:50 AM on 10/03/2012
Legitimate asylum seekers aside - chances are that if you don't deliberately sneak across a border or overstay your visa you will not end up in a detention facility. Call it preventative maintenance if you like.
HUFFPOST SUPER USER
nasknit
Freedom isn't free.
11:38 PM on 10/02/2012
" It's shocking that those who flee to this country seeking protection from persecution, as well as many other immigrants seeking better lives, are often welcomed to this great nation with shackles and prison uniforms. " Now, WHY would WE want to Ignore OUR laws, to Reward illegal aliens for breaking those same laws? WHY does every country in the world have a right to secure their borders, Except the USA? EXACTLY How many "immigrants" are WE supposed to "support"? Another 20 Million? 50 Million? 100 Million? 500 Million? ONE BILLION? WHERE are the PRO illegal alien "immigrants" planning on "parking" those people? AND, WHERE are they going to get the resources to feed, clothe, provide health care, house, EDUCATE ALL those people?
FTR, the people "under detention", are the people fighting their deportation. Not advocating "torture", but see no reason that their detention facilities need to be like a Hotel. They are participants in illegal activities, and that means "jail time", if they're NOT amenable to deportation.
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hlasv3
Liberty requires eternal vigilence
09:31 AM on 10/03/2012
Why is this woman encouraging coddling of illegals? I agree they shouldn't be detained but immediately flown down to the tip of Argentina where it will take them too long to get back.
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inthedesert
Those who never question will fall for anything.
07:34 PM on 10/03/2012
I like the way you think.
10:14 PM on 10/02/2012
I would be willing to entertain alternatives, as long as they are safe and effective. As for immigration reform, I certainly see the need, but I've been burned too many times by politicians of both parties who want amnesty now with only a promise of border control that is never implemented. As a result, I refuse to support any immigration reform until I see clear evidence of border control.
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inthedesert
Those who never question will fall for anything.
06:36 PM on 10/05/2012
Well, you're gonna be seeing another general amnesty of you vote for Obama in about a month. You can count on it. Solis wants this. Holder wants this and so does Napolitano.
01:34 AM on 10/06/2012
I don't doubt your assertion, but I wish I felt more confident that a Romney administration would make border security a priority. I'll still vote for Romney, but I won't hold my breath on any progress in this area. I'm not even sure the Tea Party sees this issue as worth "falling on their sword" for.