Immigration And Customs Enforcement Research Articles

Detainer Requests Issued by ICE and Fair/Poor Self-Rated Health among Latines in the U.S., 2017–2020

AbstractU.S. Immigration and Customs Enforcement (ICE) issues detainer requests to local law enforcement agencies to hold detainees suspected of being undocumented immigrants until they can be transferred into ICE custody. We examined the association between area-level detainer requests and self-rated health among Latine adults. We linked health data from Latine adults included in the 2017–2020 Behavioral Risk Factor Surveillance System (n = 69,386) to detainer requests per 1,000 non-citizens in core-based statistical areas, (n = 152 across 49 states). We fit logistic regression models of self-rated fair/poor health on detainer requests, adjusted for individual- and area-level confounders. In adjusted analyses, we found that Latine adults living in areas with the highest quartile of requests had 24% higher odds of fair/poor health (OR 1.24, 95% CI = 1.05,1.47) relative to those in the lowest quartile. Local law enforcement agencies should limit cooperation with federal immigrant agencies to protect the health of Latine communities.

Likelihood of COVID-19 Outbreaks in US Immigration and Customs Enforcement (ICE) Detention Centers, 2020‒2021.

Objectives. To determine facility-level factors associated with COVID-19 outbreaks in US Immigration and Customs Enforcement (ICE) detention centers. Methods. We obtained COVID-19 case counts at 88 ICE detention facilities from May 6, 2020, through June 21, 2021, from the COVID Prison Project. We obtained information about facility population size, facility type (dedicated to immigrants or mixed with other incarcerated populations), and facility operator (public vs private contractor) from third-party sources. We defined the threshold for a COVID-19 outbreak as a cumulative 3-week incidence of 10% or more of the detained population. Results. Sixty-three facilities (72%) had at least 1 outbreak. Facilities with any outbreak were significantly more likely to be privately operated (P < .001), to have larger populations (113 vs 37; P = .002), and to have greater changes in their population size over the study period (‒56% vs -26%; P < .001). Conclusions. Several facility-level factors were associated with the occurrence of COVID-19 outbreaks in ICE facilities. Public Health Implications. Structural and organizational factors that promote respiratory infection spread in ICE facilities must be addressed to protect detainee health. (Am J Public Health. 2024;114(9):909-912. https://doi.org/10.2105/AJPH.2024.307704).

ICE Detainer Requests Were Associated With Lower Medicaid And SNAP Enrollment Among Eligible Adults, 2011-19.

Legislative policies that criminalize immigrants have a "chilling effect" on public program participation among eligible immigrants. However, little is known about the effect of local enforcement actions by Immigration and Customs Enforcement (ICE). In this study, we linked county-level data on the number of detainer requests (or immigration holds) issued by ICE to individual-level data from the 2011, 2016, and 2019 American Community Surveys. We fit adjusted logistic regression models to assess the association between detainer requests and enrollment in Medicaid and the Supplemental Nutrition Assistance Program (SNAP) among those likely eligible for each program in US-born versus immigrant households. A higher volume of detainer requests was associated with lower enrollment in both Medicaid and SNAP, particularly among adults in households with at least one immigrant relative to US-born households. We observed the most pronounced effects in 2011 and 2019.

Child Migrants in Family Detention in the US: Addressing Fragmented Care.

Migrant children in family detention facilities often experience frequent relocations and prolonged stays in precarious living conditions. This frequent relocation results in fragmentation of necessary medical care, leading to delays and inadequate medical care. We aim to highlight the critical need for comprehensive medical documentation in immigration detention facilities, a fragmented health care system and potential harm to these children without appropriate medical documentation. We conducted a retrospective review of 165 medical records from children detained at the Karnes County Family Residential Center between June 2018 and October 2020 to evaluate the adequacy of pediatric medical documentation in an Immigration and Customs Enforcement (ICE) family detention facility. Specific areas of interest included acute care, nutrition, immunization, developmental screening, and tuberculosis screening. Simple descriptive statistics were used to analyze the data. Only 25% of 418 acute medical care visits included specific diagnoses. There was no documentation regarding follow-up recommendations upon release. 97% of children had a chest X-ray completed for tuberculosis screening, however no follow-up recommendations were documented for those with granulomas. Vaccination histories were inconsistently documented. No nutritional categorizations were completed despite 16% of children being at risk for malnutrition or already malnourished. Our findings revealed significant gaps in documentation, particularly in medical decision-making and clinical reasoning. In a fragmented medical system, inadequate documentation can result in avoidable errors in diagnosis and management. Improving documentation practices is crucial to ensure that all children, regardless of immigration status, receive quality healthcare aligned with national and international standards.

Electronic Surveillance in Immigration Court: Evidence from the CalGang Database

Through a mixed-methods approach that draws on over 4000 pages of organizational documents and two quantitative data sets from federal and state entities, the authors ask, has the growth of electronic surveillance by local criminal justice agencies, with corresponding database interoperability and information sharing, changed how federal agencies—specifically immigration agencies—operate? We focus on the CalGang Database, California’s statewide gang intelligence database, to document how, since its inception in 1998, CalGang has grown both in the number of individuals under surveillance and the number of what we call adjacent users, which we define as people who can access CalGang data but were not initially intended as users and who, in pre-digital surveillance eras, would have a much more difficult time obtaining the information. In this paper we focus specifically on adjacent users in the immigration system who determine the detention and deportation of noncitizens by leveraging an information sharing agreement that gave U.S. Immigration and Customs Enforcement (ICE) access to Calgang between January 2006 and October 2016. Using a two-way “difference in differences” approach, we estimate the impact of CalGang interoperability on federal adjacent users by comparing outcomes across immigration cases that began before or after the data sharing agreement ended. Our qualitative and quantitative analyses both demonstrate that immigration adjudicators’ access to local electronic surveillance information is associated with an increase in the number of immigrants facing criminal immigration charges that do not necessarily require a formal criminal conviction in state court, and that deportation rates are higher when ICE has access to local electronic surveillance.

County Sheriffs and Immigration and Customs Enforcement: The Will of the People or a Lack of Accountability?

County sheriffs hold a great deal of discretionary power at the county level; however, little is known about the decision-making of sheriffs. One key role they hold is overseeing county jails. In this role, county sheriffs choose how often to cooperate with Immigration and Customs Enforcement (ICE) when they make a detainer request of the county. This study investigates the factors influencing sheriffs’ decision making, specifically whether sheriffs make discretionary decisions based on the will of the people. Using ICE data about cooperation with county jails, and Cooperative Congregational Election Study (CCES) data, we assess if sheriff cooperation with ICE is politically motivated, in congruence with preferences of the voters countywide, or are other factors potentially influencing sheriffs. We find that sheriffs’ decision to cooperate with ICE is influenced by the demographics and economy of their county rather than their own political affiliation or their county’s ideological stance on immigration.

Anti-Immigrant Rhetoric and ICE Reporting Interest: Evidence from a Large-Scale Study of Web Search Data

Abstract This paper studies whether media cues can motivate interest in reporting suspected unauthorized immigrants to Immigration and Customs Enforcement (ICE). Using web search data and automated content analysis of cable news transcripts, we examine the role of media coverage on searches for how to report immigrants to ICE and searches about immigrant crime and welfare dependency. We find significant and persistent increases in news segments on crime by after Trump's inauguration, accompanied by a sharp increase in searches for how to report immigrants. We find a strong association between daily reporting searches and immigration and crime coverage. Using searches during broadcasts of presidential speeches, we isolate the specific effect of anti-immigrant media coverage on searches for how to report immigrants to ICE. The findings indicate that the media's choices regarding the coverage of immigrants can have a strong impact on the public's interest in behaviour that directly harms immigrants.

Deaths in Immigration and Customs Enforcement (ICE) detention: A Fiscal Year (FY) 2021-2023 update.

This study describes the deaths of individuals in Immigration and Customs Enforcement (ICE) detention between FY2021-2023, updating a report from FY2018-2020, which identified an increased death rate amidst the COVID-19 pandemic. Data was extracted from death reports published online by ICE. Causes of deaths were recorded, and death rates per 100,000 admissions were calculated using population statistics reported by ICE. Reports of individuals released from ICE custody just prior to death were also identified and described. There were 12 deaths reported from FY2021-2023, compared to 38 deaths from FY2018-2020. The death rate per 100,000 admissions in ICE detention was 3.251 in FY2021, 0.939 in FY2022, and 1.457 in FY2023, compared with a pandemic-era high of 10.833 in FY2020. Suicide caused 1 of 12 (8.3%) deaths in FY2021-2023 compared with 9 of 38 (23.7%) deaths in FY2018-2020. COVID-19 was contributory in 3 of 11 (25%) medical deaths in FY2021-2023, compared with 8 of 11 (72.7%) in the COVID-era months of FY2020 (p = 0.030). Overall, 4 of 11 (36.3%) medical deaths in FY2021-2023 resulted from cardiac arrest in detention facilities, compared with 6 of 29 (20.3%) in FY2018-2020. Three deaths of hospitalized individuals released from ICE custody with grave prognoses were identified. The death rate among individuals in ICE custody decreased in FY2021-2023, which may be explained in part by the release of vulnerable individuals following recent federal legal determinations (e.g., Fraihat v. ICE). Identification of medically complex individuals released from ICE custody just prior to death and not reported by ICE indicates that reported deaths underestimate total deaths associated with ICE detention. Attentive monitoring of mortality outcomes following release from ICE custody is warranted.

Emergency Medical Responses at US Immigration and Customs Enforcement Detention Centers in California

Knowledge of medical care in US Immigration and Customs Enforcement (ICE) detention centers is limited. Reviews show high rates of preventable deaths while in detention due to substandard medical care within detention centers. To describe characteristics of medical emergencies at ICE detention centers in California. This cross-sectional study analyzed emergency medical services (EMS)-reported medical emergencies activated through 911 from January 1, 2018, to December 31, 2022, at 3 of the 5 ICE detention centers in California: Adelanto ICE Processing Center, Imperial Regional Detention Facility, and Otay Mesa Detention Center. Medical services requiring 911 activation. Data included the number of EMS-reported medical emergencies; ICE-reported medical emergencies; patient age and sex; and medical data in the EMS report, including primary symptom, EMS provider (emergency medical technician or paramedic) impression, vital signs, and interventions performed, using descriptive statistics. In this analysis of 3 detention centers with a mean daily census of 775 (range, 504-1001) individuals per center, there was a median of 68 (IQR, 10-88) EMS-reported emergencies per center per year for a total of 1224 emergencies. The EMS-reported emergencies involved 881 males (72%) and 338 females (28%) with a median age of 39.0 (IQR 30.0-49.0) years. The ratios of female-to-male EMS-reported emergencies were 0.51 (95% CI, 0.31-0.87) at Adelanto, 0.86 (95% CI, 0.31-2.43) at Imperial, and 1.60 (95% CI, 1.40-1.83) at Otay Mesa. Pregnancy-related emergencies accounted for 12.4% (42 of 338) of emergencies in females. A total of 357 individuals (29.2%) had at least 1 abnormal vital sign during their EMS encounter. Psychiatric emergencies comprised 48 EMS responses (3.9%), despite higher rates of ICE-reported psychiatric-related complaints. The median number of monthly EMS-reported emergencies across all 3 centers was 3 (IQR, 0-9) vs 4 ICE-reported emergencies (IQR, 1-15). In this study of medical emergencies at 3 of 5 ICE detention facilities in California, there were discrepancies in EMS vs ICE reported emergencies. The data suggested that vulnerable populations, such as pregnant women, had an increased number of medical emergencies, while individuals with psychiatric emergencies accounted for fewer reported emergencies. Based on these findings, emergency medical care provision in ICE detention centers requires increased transparency to ensure appropriate delivery of care.

Traveling technology and perverted logics: conceptualizing Palantir’s expansion into health as sphere transgression

ABSTRACT This paper contains a normative interpretation and critique of Palantir’s expansion into the health domain by using the conceptual lens of ‘sphere transgressions’. The technology company, known for its activities in the sphere of security, expanded into the health domain during the pandemic, providing software to monitor the spread of Covid-19. In 2019 Palantir was severely criticized by human rights organizations for its role in Immigration and Customs Enforcement (ICE) under the Trump administration. Activists and politicians worry about Palantir’s move into health. However, critique is often limited to data protection. These concerns fail to grasp the risks and harms of this expansion. In this paper, I explore the risks of Palantir’s expansion into the health sphere using Sharon’s sphere transgressions framework as a conceptual lens and critical tool to understand and judge this move. We should anticipate the risks of no public returns, dominance, and new dependencies. While this might be true for many Big Tech actors, I add that Palantir’s expansion might be particularly pernicious. Palantir’s history reveals the perversion of logics under exclusionary politics in the sphere of security. At the very least, this warrants special vigilance when importing their technologies into the sphere of health. I conclude that the sphere transgressions framework reveals risks beyond data protection regarding Palantir’s expansion into the health domain.

Immigration policy shocks and infant health

This paper evaluates the effect of positive and negative immigration policy shocks on infant health outcomes in the U.S. I examine changes in mean birth weight and the incidence of low birth weight (LBW) at the metropolitan statistical area (MSA) level around two major institutional shocks: The 1986 Immigration Reform Act (IRCA), which favored immigrants, and the increase in Immigration and Customs Enforcement (ICE) agency arrests at the start of 2017 which might have put immigrants at greater risk of apprehension. It uses a triple difference approach, comparing birth outcomes of foreign-born mothers with U.S.-born mothers (relative to mothers living in MSAs with a higher and lower concentration of IRCA applications and an increase in ICE arrests) before and after the two immigration policies. I find that in MSAs that had higher IRCA applications, mean birth weight increased, and the incidence of LBW decreased by 3–6 percent for babies born to foreign-born mothers. By contrast, in MSAs that had higher ICE arrests starting in 2017, mean birth weight decreased, and the incidence of LBW increased by 3–7 percent for babies born to foreign-born mothers. The effect of the increase in ICE arrests was more pronounced among mothers who were born in Latin and Central American countries. Sub-sample analysis shows that the incidence of LBW increased by as much as 12 percent for babies born to foreign-born mothers of Hispanic origin.

On the (Bi)partisan Pleasures of Outrage in the Immigration “Debate”

This essay examines how left-of-center media reporters and commentators responded to US Immigration and Customs Enforcement (ICE) raids and Mississippi’s criminalization of migrant workers in their aftermath. These responses focused largely on the moral or ethical implications of detaining, arresting, and deporting the migrant workers involved in the case, often by crafting a tightly woven image of the innocence of these particular migrants and, even more so, of their children. As a result, public discourse about the politics of immigration enforcement and its relationship to criminality and citizenship were reduced to an ostensibly apolitical and ideologically neutral appeal that cannot be contested: to protect children. The innocence of children was also coupled with the giddy criminalization of those who “torture” them, namely Donald Trump. These dual constructions—an innocence that marks one as socially valuable and a criminality that marks one as monstrous—produce a moral absolutism that undermines an otherwise rational political project whose core tenets are diversity and multiculturalism. Outrage and grievance directed against criminality, even when aimed at political enemies, upholds the moral foundations of racist and xenophobic hatred that has been used to justify the disproportionate policing, surveillance, and incarceration of people of color.

Immigrants are not Felons: A Legal Analysis of Immigrants’ Civil Rights Chilling Effect Issues Caused by Ice’s SmartLINK App Surveillance

ABSTRACT This article discusses the chilling effect impact on immigrants’ freedom of speech resulting from recent Immigration and Customs Enforcement (ICE) surveillance processes utilizing the SmartLINK app and Alternatives to Detention (ATD) program. Further, this article brings privacy abuses of immigrants to U.S. lawmakers’ attention, as well as possible violations of Fourth Amendment rights related to personal networks that apply to U.S. citizens and legal permanent residents alike. Finally, this manuscript provides legal recommendations that might be used as a panacea to solve the problem of ICE surveillance of immigrants.

Administrative Discretion Through Changing Presidencies and Political Polarization: Reflection on the Rise, Fall, and Rise of Federal-Local Immigration Partnerships in the U.S.

ABSTRACT Created by Congress in 1996, the immigration enforcement program 287(g) has experienced several cycles of rapid expansion and contraction during different stages in the policy’s relatively brief lifetime. It is an intergovernmental program where state and local agencies sign onto agreements with U.S. Immigration and Customs Enforcement (ICE), effectively deputizing law enforcement agents to implement federal immigration policy. Using logit models and the lens of bureaucratic discretion, we find that agencies in politically conservative jurisdictions and counties with proportionally large Hispanic populations were most likely to sign these agreements and maintain them during the program’s lean years. Conservative counties were even more likely to have them when they have larger Hispanic populations and during times of Republican presidential administrations. This paper puts these findings in comparative perspective and links them to the worldwide trend of democratic decline and the rise of right-wing populism in Europe and elsewhere.

County-Level Relationships Between Foreign-Born Residents, Latinos, Immigration Enforcement, and Child Maltreatment Report Rates in the United States, 2015-2018.

U.S. Latino and foreign-born populations show lower child maltreatment report (CMR) rates despite their low socioeconomic positions, perhaps due to protective cultural factors within these populations. However, discriminatory Immigration and Customs Enforcement (ICE) activities may attenuate such protection. We examined how ethnic and foreign-born compositions and local ICE activities were associated with community CMR rates, overall and within racial/ethnic groups (i.e., White, Black, Latino), and how these associations changed over time. We used national county-level data linking multiple administrative/archival data sources (i.e., CMR, Census, and ICE data) longitudinally for 2015 to 2018 across the United States. Multilevel (county-years, counties, and states) models estimated how percentages of Latino, percentages of foreign-born, and ICE arrest rates were related to overall and race/ethnicity-specific CMR rates among counties while adjusting for a range of demographic, socioeconomic, child care burden, health insurance, residential mobility, and urbanicity factors. Higher percentages of foreign-born residents within counties were significantly associated with lower CMR rates, both overall and within all racial/ethnic groups. These protective associations became significantly stronger over the study period. Higher percentages of Latino residents were significantly associated with lower total and White CMR rates but not with Black or Latino CMR rates. The interaction between the percentage of Latino residents and year was not significant. ICE arrest rates showed no significant associations with CMR rates. Our findings suggest that communities with more foreign-born and Latino residents may be more protective against CMRs. While the foreign-born and Latino concentrations were both independently predictive of decreased CMR rates, the protective associations of the foreign-born concentration were more consistent within racial/ethnic groups and grew stronger over time. These findings suggest the need to investigate community-level protective mechanisms that may explain these results. The null findings for ICE activity also require further research with alternative measures of discriminatory state action.

County Immigration Enforcement in the Context of Unsettled Federalism: From Obama to Trump

We examine patterns of county participation in immigration enforcement across the Obama and Trump administrations and responses to the Trump administration’s efforts to mandate local compliance with Immigration and Customs Enforcement (ICE) directives. We focus on the policy that directly speaks to local discretion in enforcing federal law—namely, the willingness of local officials to render immigrant detainees to ICE. We find that underlying patterns of detainee transfers from counties to ICE were largely consistent between the Obama and Trump administrations. Nonetheless, the rate of detainee transfers increased during the Trump administration, an outcome associated with county support for Trump in the 2016 election. The findings suggest that partisanship is an entrenched source of diverging county enforcement practices, increasing intergovernmental conflict and undermining the “steam valve” potential of immigration federalism.

State Disappearances in the United States: A Decolonial Feminist Analysis About the Enactment of State Terror on Undocumented Immigrants by Immigration and Customs Enforcement (ICE)

Abstract: State violence in the so-called United States impacting undocumented immigrants living under the construction of (il)legality calls for a decolonial feminist enactment of psychosocial research. This article presents a multi-scalar analysis of the embodied aftermath of state violence, enacted through the Immigration and Customs Enforcement (ICE) practice of state disappearances, on two undocumented Latina immigrants. Centering on decolonial feminisms and drawing on liberation psychology and intersectionality, this study investigates the embodied sequelae of living undocumented under the terror of ICE. This study undertakes a secondary analysis of two interviews that were selected from a larger database of in-depth interviews (N = 39). The two stories were selected considering gender and explicitness of the embodied aftermath of psychosocial torture by ICE. The data was gathered in Austin, Texas in 2019, marking a year after the two largest ICE raids in recent history which together resulted in the arrests of at least 304 Latinx immigrants in Central, South, and North Texas. ICE terror has embodied, affective, and material consequences on those who are subjected to such violence; therefore, a decolonial feminist analysis about the embodied impacts of state violence and its sequela contribute to understandings of decolonial feminist enactment of qualitative analytic methods in psychology.

Individuals’ experiences in U.S. immigration detention during the early period of the COVID-19 pandemic: major challenges and public health implications

BackgroundIndividuals held in carceral settings were significantly impacted by the COVID-19 pandemic. However, limited research exists of the direct experiences of individuals detained by the United States (U.S.) Immigration and Customs Enforcement (ICE). This study illustrates the major challenges described by individuals held in ICE’s immigration detention centers during the initial spread of COVID-19.MethodsWe interviewed 50 individuals who were released from ICE detention between March 15, 2020 until August 31, 2020. Participants were recruited through immigration attorneys. Responses to a semi-structured interview were documented. Quotes from these interviews were thematically analyzed.ResultsStudy participants were detained in 22 different ICE detention centers, which were located across 12 states, in both county (41%) and privately-contracted facilities (59%). The major themes that emerged from interviews included inadequate protections against COVID-19, denial of physical and mental healthcare, and experiences of retaliation in response to self-advocacy. These issues perpetuated emotions of fear, distrust, and helplessness in individuals in immigration detention centers.ConclusionsThis study represents the largest analysis of experiences of ICE-detained immigrants during the early months of the COVID-19 pandemic. To ensure the rights to health and wellbeing for this population, further actions should include improving public health conditions, protecting against human rights violations, addressing barriers to healthcare access, ensuring transparency about conditions in detention centers, and moving toward decarceration.

Raids at Work: Latinx Immigrant Labor Precarity and the Spectacle of ICE Worksite Enforcement Raids

Why does Immigration and Customs Enforcement (ICE) conduct worksite raids when employers are rarely ever charged with hiring undocumented immigrant workers? This article shows how exploitative labor conditions and ICE worksite enforcement raids exist in a mutually reinforcing feedback loop that (re)produces precarity for undocumented workers. Analysis of interviews from the Immigrant Workers Project (IWP) Survey of 2018, a community-based participatory action research project in Northeast Ohio, reveals that individuals directly and indirectly impacted by ICE worksite raids understand and experience these operations within the broader context of anti-immigrant labor discrimination and worker exploitation. Although previous scholarship has theorized the role of “spectacle” in various aspects of immigration enforcement a critical analysis of media coverage, public records, and government documents shows how government agencies and the media choreograph worksite raids for maximum public spectacle. The underlying logics of this immigration enforcement tactic highlight how undocumented immigrant workers exist simultaneously as individuals whose labor is deregulated but whose presence is hyper-regulated.

Trends in Sexual Assault Against Detainees in US Immigration Detention Centers, 2018-2022

This study examines sexual assault allegations perpetrated against individuals detained across US Immigration and Customs Enforcement (ICE) detention facilities from 2018 to 2022.