Immigration hardline persists as federal penitentiaries prepare to hold ICE detainees at president's behest.
The United States Department of Justice has announced a new policy that will see the federal Bureau of Prisons (BOP) housing thousands of immigrant detainees. This move is in response to President Trump's promise to end the release of detained migrants and conduct mass deportations of undocumented immigrants.
The immigrants will be housed in federal prisons across the country, including Miami, Philadelphia, Atlanta, Los Angeles, Leavenworth, Kansas, Berlin, New Hampshire, and other locations. However, bureau employees are not being provided any training to house the detainees, raising concerns among staff.
A Miami-based corrections officer has questioned the legal jurisdiction of housing ICE detainees, while a California-based employee has expressed concerns about the suitability of federal prisons for housing detainees, as they have not been charged with a crime or convicted. The BOP typically houses inmates charged with crimes and awaiting trial or those already sentenced for criminal violations. Detained immigrants, on the other hand, are involved in civil proceedings.
Eunice Cho, a senior staff attorney at the ACLU National Prison Project, has expressed concerns about the new policy, stating it blurs the line between civil and criminal detention. Cho accused the Trump administration of using the federal prisons system "for show," suggesting it serves no real purpose and wastes taxpayer dollars.
The government holds discretion over which immigrants to detain, but should only do so when it limits dangers to the community or flight risks, according to federal law. The White House has implored Congress to provide more resources to increase detention space.
It's worth noting that the White House Press Secretary, Karoline Leavitt, stated that the Trump administration has arrested over 8,000 undocumented immigrants since taking office, with 461 later being released. The U.S. Department of Health and Human Services' Office of Refugee Resettlement (ORR) has received approval to take thousands of migrants intercepted by Homeland Security into their facilities, with this process anticipated to begin imminently or shortly after the approval.
The Bureau of Prisons will house immigrants so they can "support law enforcement partners to fulfill the administration's policy objectives." However, there are questions about whether BOP policies will be applied to detainees, what rights the detainees hold, and if more staffing and overtime will be required.
The Trump administration briefly held ICE detainees in federal prisons in 2018, but stopped doing so after court rulings forced the bureau to give the immigrants in custody access to counsel and outside communications. Justice has authorized BOP employees to engage in immigration enforcement and arrest activities, but they must undergo specific training for these tasks.
Bureau employees have expressed concerns about the morality and legality of their new responsibilities, as well as their ability to handle detainees effectively. Federal prisons, according to Cho, are not typically equipped to provide what is necessary for immigrant detention facilities. The Miami-based officer mentioned that his facility has space for the first batch of detainees, but the staff are already busy with existing inmates.
This new policy is likely to spark further debate and legal challenges as it unfolds.
