Immigrants in ICE Detention: Understanding the Standard of Care and Legal Protections

ICE Detention Standards and Policies

Detention centers generally fall into two categories: those that solely house adult ICE detainees (dedicated facilities) and others that house both state or local inmates and ICE detainees (non-dedicated facilities). 

Specific standards and requirements are established by NDS and PBNDS that must be met at these detention centers to ensure the safety, security, order, care, justice, and effective management of the facilities. These standards are meant to include and provide the following: 

• Food service
• Medical care
• Distribution of personal hygiene products
• Access to recreational activities
• Access to telephones
• Opportunities to engage in religious practice
• Availability of legal materials

Medical Care in Detention

Access to timely and sufficient medical care is a fundamental human right. It is a crucial component to ensuring your overall health and safety. The services required to be provided to ICE detainees are as follows: 

• Medical, dental, and mental health screenings
• Routine and preventive care
• Speaciality care
• Emergency care
• Hospitlization
• Timely responses to medical complaints
• Language service is available when needed during medical appointments

Each facility has a facility administrator and a clinical medical authority (CMA) who is a doctor (MD or DO). 

Misreatment in ICE Facilities

U.S. immigration detention is far from civil. Across the country, detainees are facing abuse, neglect, and inhumane treatment from the staff and workers at these detention centers. The following are incidents of dangerous medical care in detention facilities:

• Failure to check on symptoms
• Inadequate mental health care
• Solitary confinement abuse
• Slow emergency response
• Medical staff providing care beyond their legal qualifications

This mistreatment of detainees constitutes a serious human rights violation, as it extends beyond inadequate medical care to include other inhumane conditions.

• Hazardous living conditions
• Harrasment
• Sexual assault
• Sleep deprivation

COVID outbreaks in detention centers are another primary concern, as ICE does not separate individuals who have tested positive from individuals not yet infected. Additionally, detainees who have contracted the virus are not provided with the correct medication to relieve their symptoms. 

The Consequences of Inadequate Care in ICE Facilities

Solitary confinement in ICE detention centers is where detainees are kept in small cells with minimal contact with other detainees. These occur for extended periods of time and cause issues such as post-traumatic stress disorder (PTSD), self-harm, and even suicide. Other health concerns that arise from solitary confinement include the following: 

• Brain damage
• Hallucinations
• Confusion
• Sleep disruptions
• Reduction in cognitive functioning

Immigrant Rights Under U.S. Law

All individuals have rights regardless of their immigration status. It is crucial to know your rights to protect your safety when faced with ICE detention officers. If immigration arrests or detains you, your rights include the following:

• Staying silent
• Calling a lawyer
• Receiving visits from a lawyer or your family

Refrain from signing any documents without speaking with your lawyer. Documents such as the following are ones to look out for, as these can be detrimental to your safety as an immigrant. 

• Waivers
• Stipulated removal order
• Voluntary departure agreement

Consult with an immigration lawyer before this happens to protect your rights and ensure your best interests are served. You have a better chance of getting the compensation you deserve if you have an immigration lawyer by your side. Additionally, it is crucial to share all the information necessary with your lawyer, such as immigration history or any criminal convictions that may appear on your record. 

How KAASS LAW Can Help

Navigating the challenges of immigration in the United States can be both challenging and traumatic. You must understand your rights as individuals to ensure your safety. At KAASS LAW, our licensed immigration attorneys are committed to protecting your rights by providing dedicated legal services in immigration cases. 

Conclusion

The mistreatment of immigrants in ICE detention facilities is a violation of human rights. From medical neglect to unsafe living conditions, the consequences of poor detention spaces are extremely harmful. If you or someone you know has been affected by ICE detention, contact KAASS LAW for a confidential consultation.