The administration hopes to unveil a series of executive actions that President Biden can sign but will likely have to wait for the outcome of Mexico's June 2 presidential election.
During the first year of the Biden administration, DHS worked with oversight agencies to review facilities with substandard conditions… The administration closed out or reduced capacity for some of the worst facilities following this review, but these actions were the “barest minimum” compared to what officials involved in the review had envisioned.[50] In August 2022, another internal DHS study recommended closing or downsizing nine immigration detention centers.[51] However, ICE only ended contracts with two of the detention centers mentioned in that review.[52]
ICE refuses to comply with recommendations from oversight bodies, such as the DHS OIG, when they issue scathing reports about life-threatening conditions. For example, the OIG issued a report in March 2022 on Torrance County Detention Facility which had already failed one Nakamoto inspection in 2021, recommending that ICE immediately stop detaining people there.[54] ICE rejected the
recommendation, and continued to keep hundreds of people detained in Torrance.[55] That same month, ICE’s contracting officer also issued a report finding that violations of federal standards continued in Torrance.[56]
Later that year, in August 2022, a young man from Brazil named Kesley Vial, died in the Torrance facility.[59] ICE’s review of Kesley’s death addressed similar failures identified in the OIG report that contributed to his fatal suicide attempt.[60]
At another ICE detention facility in Port Isabel, Texas, the OIG reported in February 2023 on “unsafe conditions,” and found the facility did “not meet standards for detainee segregation.”[61] Months later, on October
8, 2023, Julio Cesar Chirino Peralta died in ICE custody after being detained at Port Isabel.[62]
Under Biden, 12 people have
died in ICE custody.[64]
…
Continuing to fund ICE’s detention system is inhumane and misguided. For fiscal year 2023, U.S. taxpayers paid $2.8 billion for ICE detention.[66] Following the end of the Trump-era Title 42 mass expulsion policy in May, the Biden administration adopted a more hardline approach, implementing new “sweeping” enforcement measures, including increasing detention capacity.[67] In doing so, the administration chose to ignore years of
evidence showing that punitive enforcement measures do not lead to decreases in migration numbers.[68] Detention numbers spiked, from 22,000 in May to over 39,000 by the end of October 2023.[69] In continuing to expand the incarceration of people facing administrative removal proceedings, the administration ignores clear evidence showing that legal representation and community-based support services are a more humane and effective method of ensuring compliance at immigration court hearings.[70]
Under Biden, ICE has ignored the documented unsafe conditions in the detention facilities it contracts with resulting in the needless deaths of multiple detainees: