Migration is a fact of life. Some people move to new countries to improve their economic situation or to pursue their education. Others leave their countries to escape armed confl ict or violations of their human rights, such as torture, persecution, or extreme poverty.

Many move for a combination of reasons. Governments have the right to exercise authority over their borders; however, they also have obligations under international law to protect the human rights of migrants, no matter what prompted an individual to leave his or her home country.

This report focuses on the human rights violations associated with the dramatic increase in the use of detention by the United States as an immigration enforcement mechanism. In just over a decade, immigration detention has tripled.

In 1996, immigration authorities had a daily detention capacity of less than 10,000. Today more than 30,000 immigrants are detained each day, and this number is likely to increase even further in 2009.

More than 300,000 men, women and children are detained by US immigration authorities each year.7 They include asylum seekers, torture survivors, victims of human traffi cking, longtime lawful permanent residents, and the parents of US citizen children. The use of detention as a tool to combat unauthorized migration falls short of international human rights law, which contains a clear presumption against detention. Everyone has the right to liberty, freedom of movement, and the right not to be arbitrarily detained.

The dramatic increase in the use of immigration detention has forced US immigration authorities to contract with approximately 350 state and county criminal jails across the country to house individuals pending deportation proceedings.

Approximately 67 percent of immigration detainees are held in these facilities, while the remaining individuals are held in facilities operated by immigration authorities and private contractors.

The average cost of detaining a migrant is $95 per person, per day.9 Alternatives to detention, which generally involve some form of reporting, are signifi cantly cheaper, with some programs costing as little as $12 per day.

These alternatives to detention have been shown to be effective with an estimated 91 percent appearance rate before the immigration courts. Despite the effectiveness of these less expensive and less restrictive alternatives to detention in ensuring compliance with immigration procedures, the use of immigration detention continues to rise at the expense of the United States’ human rights obligations.

Approximately 1.8 million people migrate to the United States every year.The vast majority have offi cial authorization to live and work in the United States. Less than a quarter do not have permission to enter the United States, and they live and work in the country as unauthorized immigrants.13 The US government estimates that as of January 2007, there were almost 12 million unauthorized immigrants living in the United States. They come from countries around the world—the top five countries of origin are Mexico, El Salvador, Guatemala, the Philippines, and China.

Unauthorized immigrants often live in the shadows and are at heightened risk of exploitation, discrimination and abuse. They often work in degrading conditions16 and are frequently denied access to many forms of healthcare, housing, and other services.

Individuals committing abuses against immigrants know that they are unlikely to be held accountable, because unauthorized immigrants are often reluctant to turn to the authorities, fearing the possibility of arrest or deportation. ...

Download Jailed Without Justice: Immigration Detention in the USA

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AMNESTY INTERNATIONAL

“Whether I’m documented or not, I’m a human being. I used to think birds in a cage were so pretty but no one should be deprived of freedom — no one should be caged.” Amnesty International interview with former immigration detainee (identity withheld), June 2008.

CONTENTS
1. Introduction 3
2. Immigrants’ Rights are Human Rights 11
3. Right to Review of Detention and Options for Release 13
3.1 Immigrants and asylum seekers detained at the border 13
3.2 Immigrants and asylum seekers apprehended inside the United States 15
3.2.1 Immigration Judge Review 16
3.2.2 Exorbitant Bonds 17
3.3 Mandatory Detention 18
3.3.1 People Who Should Not Be in Detention at All But Are Subject to Mandatory Detention 20
3.4 Indefi nite Detention 24
3.5 Right to Habeas Corpus Review 25
4. Alternatives to Detention 27
5. Conditions of Detention 29
5.1 Access to Assistance and Support: Safeguards Relating to Detention 30
5.1.1 Access to lawyers 30
5.1.2 Access to information and other forms of assistance in detention 32
5.1.3 Translation and Interpretation Services 34
5.1.4 Access to attorneys and relatives 34
5.1.5 Access to telephones 35
5.2 Conditions of Detention 37
5.2.1 Housing with Detainees Convicted of Crimes 37
5.2.2 Inappropriate and excessive use of restraints 37
5.2.3 Medical Treatment 39
5.2.4 Exercise 41
5.2.5 Physical and Verbal Abuse 42
6. Recommendations 44