Immigrants Held in Solitary Cells, Often for Weeks
Catherine Rentz
A cell for recreation at the Pinal County Jail in Florence, Ariz., where immigrant detainees may get an hour a day to pace.
By IAN URBINA and CATHERINE RENTZ
Published: March 23, 2013 539 Comments
WASHINGTON — On any given day, about 300 immigrants are held in solitary confinement at the 50 largest detention facilities that make up the sprawling patchwork of holding centers nationwide overseen by Immigration and Customs Enforcement officials, according to new federal data.
Catherine Rentz
Rashed BinRashed was put in solitary confinement for 30 days and describes his time there as the worst experience of his life.
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Nearly half are isolated for 15 days or more, the point at which psychiatric experts say they are at risk for severe mental harm, with about 35 detainees kept for more than 75 days.
While the records do not indicate why immigrants were put in solitary, an adviser who helped the immigration agency review the numbers estimated that two-thirds of the cases involved disciplinary infractions like breaking rules, talking back to guards or getting into fights. Immigrants were also regularly isolated because they were viewed as a threat to other detainees or personnel or for protective purposes when the immigrant was gay or mentally ill.
The United States has come under sharp criticism at home and abroad for relying on solitary confinement in its prisons more than any other democratic nation in the world. While Immigration and Customs Enforcement places only about 1 percent of its jailed immigrants in solitary, this practice is nonetheless startling because those detainees are being held on civil, not criminal, charges. As such, they are not supposed to be punished; they are simply confined to ensure that they appear for administrative hearings.
After federal immigration authorities caught up with him, Rashed BinRashed, an illegal arrival from Yemen, was sent to a detention center in Juneau, Wis. He was put in solitary confinement, he says, after declining to go to the jail’s eating area and refusing meals because he wanted to fast during Ramadan.
Federal officials confined Delfino Quiroz, a gay immigrant from Mexico, in solitary for four months in 2010, saying it was for his own protection, he recalls. He sank into a deep depression as he overheard three inmates attempt suicide. “Please, God,” he remembers praying, “don’t let me be the same.”
As lawmakers in Washington consider an overhaul of the immigration system, Congress faces thorny questions not just about what status to grant immigrants already in the country, but also about how best to increase enforcement efforts and what rights to ensure illegal immigrants during their detention.
The new federal data highlights how punitive and costly immigration policy has become, since solitary is one of the most expensive forms of detention.
“I.C.E. is clearly using excessive force, since these are civil detentions,” said Dr. Terry Kupers, a psychiatrist who studies solitary confinement at the Wright Institute, a graduate school in psychology based in Berkeley, Calif. “And that makes this a human rights abuse.”
Ernestine Fobbs, an agency spokeswoman, said that aside from immigrants who are separated from the general population for disciplinary reasons, detainees are isolated only “as a final resort, when other options are not available to address the specifics of the situation.”
“I.C.E. takes the mental health care of individuals in the agency’s custody very seriously,” she added. The agency declined to talk about particular cases, citing privacy concerns.
Another agency official, who was not authorized to speak publicly, emphasized that some detainees who are put in “segregation units” have criminal records, gang affiliations or histories of violence.
“It’s an extreme situation,” the official said. “We want to make sure not to overuse it.”
While the conditions of confinement vary, detainees in solitary are routinely kept alone for 22 to 23 hours per day, sometimes in windowless 6-foot-by-13-foot cells, according to interviews with current and former detainees and a review of case records involving more than three dozen immigrants since 2010.
Access to phones and lawyers is far more restricted in solitary; occasionally such communications were permitted only in the middle of the night when it was unlikely anyone would be available. Immigrants are typically given an hour or so of recreation each day, detainees said. In some facilities, that is limited to pacing in what detainees call “the cage,” a sparse indoor enclosure with concrete floors and fencing on all sides, similar to an indoor dog kennel.
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