Abstract

Every year, thousands of people are detained in United States immigration detention centers. Built to prison specifications and often run by private companies, these detention centers have long been criticized by academics and advocacy groups. Problems such as overcrowding and lack of access to basic healthcare and legal representation have plagued individuals in detention centers for years. These failings have been illuminated by the COVID-19 pandemic, which has disproportionately impacted detained migrants. Against a human rights backdrop, this article will examine how the U.S. immigration detention system has proven even more problematic in the context of the pandemic and offer insights to help avoid similar outcomes in the future.

Highlights

  • IntroductionU.S Government’s response to the pandemic’s impact in detention centers in light of international and domestic law obligations concerning immigration detention and to identify some lessons learned to avoid a similar crisis in the future

  • From its modest roots in the context of deporting Irish and French revolutionaries from the U.S, through its employment in the 1980s to address the sudden influx of Cubans and Haitians, immigration detention has grown to be an essential part of American immigration law enforcement (Wilsher 2012, pp. 1–118)

  • In 2017, the DHS Office of Inspector General conducted unannounced inspections of five immigration detention facilities to evaluate their compliance with ICE standards (U.S Department of Homeland Security Office of Inspector General, “About Us” 2017)

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Summary

Introduction

U.S Government’s response to the pandemic’s impact in detention centers in light of international and domestic law obligations concerning immigration detention and to identify some lessons learned to avoid a similar crisis in the future.

Detention and the Law
The Detention Machine
Domestic Detention Standards
International Detention Standards
Criticisms
The Pandemic Strikes
Access to Justice
Lessons Learned
Findings
Conclusions

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