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| ICE Faces Migrant Detention Crunch as Border Chaos Spills Into Interior of the Country | |
| (32 minutes later) | |
| [Read the latest edition of Crossing the Border, a limited-run newsletter about life where the United States and Mexico meet. Sign up here to receive the next issue in your inbox.] | [Read the latest edition of Crossing the Border, a limited-run newsletter about life where the United States and Mexico meet. Sign up here to receive the next issue in your inbox.] |
| Federal immigration authorities faced with overburdened detention centers are scouring the country to find space to house migrants as the crush of asylum seekers that has overwhelmed the Southwest border spreads deep into the nation’s interior. | Federal immigration authorities faced with overburdened detention centers are scouring the country to find space to house migrants as the crush of asylum seekers that has overwhelmed the Southwest border spreads deep into the nation’s interior. |
| With mounting federal initiatives to hold more and more migrants in custody, officials at Immigration and Customs Enforcement, which oversees long-term detention centers for migrants, are looking for additional space that can be rented inside existing jails, as well as fast-tracking the deportations of current detainees and releasing as many migrants as possible into the country to make room for newcomers. | With mounting federal initiatives to hold more and more migrants in custody, officials at Immigration and Customs Enforcement, which oversees long-term detention centers for migrants, are looking for additional space that can be rented inside existing jails, as well as fast-tracking the deportations of current detainees and releasing as many migrants as possible into the country to make room for newcomers. |
| In one initiative examined earlier this year, Department of Homeland Security officials looked at housing migrant children at Guantánamo Bay, Cuba, which has a dormitory facility that has been used in the past to hold asylum seekers. The proposal to house migrant children from the Southwest border there has not gained traction, perhaps because of the optics of housing young people adjacent to terrorism suspects, according to one official who had seen the proposal but was not authorized to discuss it publicly. | |
| While there were no “immediate” plans to house migrant children at Guantánamo Bay, the Defense Department is attempting to identify military bases that might be used for that purpose, a department spokesman, Tom Crosson, said on Monday. | |
| Much of the administration’s focus in recent months has been on the Southwest border, where the surge of migrant families seeking asylum has overwhelmed short-term holding facilities and left people languishing there for longer periods of time. But authorities already are confronting the next phase of detention, the long-term facilities in the interior of the country where many of the incoming migrants will eventually be transferred, and these also appear to be bucking under pressure. | Much of the administration’s focus in recent months has been on the Southwest border, where the surge of migrant families seeking asylum has overwhelmed short-term holding facilities and left people languishing there for longer periods of time. But authorities already are confronting the next phase of detention, the long-term facilities in the interior of the country where many of the incoming migrants will eventually be transferred, and these also appear to be bucking under pressure. |
| Populations in the long-term detention facilities have grown markedly under President Trump, both because of increasing border crossings and his administration’s aggressive moves to arrest more undocumented immigrants in the interior of the country. ICE is currently housing 50,223 migrants, one of the highest numbers on record, and about 5,000 more than the congressionally mandated limit of 45,274. | Populations in the long-term detention facilities have grown markedly under President Trump, both because of increasing border crossings and his administration’s aggressive moves to arrest more undocumented immigrants in the interior of the country. ICE is currently housing 50,223 migrants, one of the highest numbers on record, and about 5,000 more than the congressionally mandated limit of 45,274. |
| In 2016, President Obama’s last year in office, the average daily population of immigrants in detention dipped to 34,376. | In 2016, President Obama’s last year in office, the average daily population of immigrants in detention dipped to 34,376. |
| A detention crunch that homeland security officials described as already dire threatened last week to become worse with the announcement by Attorney General William Barr that the administration would soon begin mandatorily detaining additional asylum seekers, a move that, if implemented, could put thousands more in custody each month. | A detention crunch that homeland security officials described as already dire threatened last week to become worse with the announcement by Attorney General William Barr that the administration would soon begin mandatorily detaining additional asylum seekers, a move that, if implemented, could put thousands more in custody each month. |
| “It’s clear that all of our resources are being stretched thin. The system is full, and we are beyond capacity,” said Kevin K. McAleenan, the new acting homeland security secretary, speaking to reporters at a news conference on the border. | “It’s clear that all of our resources are being stretched thin. The system is full, and we are beyond capacity,” said Kevin K. McAleenan, the new acting homeland security secretary, speaking to reporters at a news conference on the border. |
| Despite its potential impact on the already congested detention system, a D.H.S. press officer said the agency supported Mr. Barr’s order on the detention of asylum seekers because it might discourage migrants from crossing the border to begin with. | Despite its potential impact on the already congested detention system, a D.H.S. press officer said the agency supported Mr. Barr’s order on the detention of asylum seekers because it might discourage migrants from crossing the border to begin with. |
| Immigrant advocates said the detention crunch has been self-imposed by the administration and its policies. | Immigrant advocates said the detention crunch has been self-imposed by the administration and its policies. |
| Under President Trump, ICE agents have been encouraged to arrest anyone living in the country without legal status, regardless of their criminal record, whereas the previous administration put a priority on arresting and deporting undocumented migrants who were considered dangerous. | Under President Trump, ICE agents have been encouraged to arrest anyone living in the country without legal status, regardless of their criminal record, whereas the previous administration put a priority on arresting and deporting undocumented migrants who were considered dangerous. |
| The Trump administration has also expanded collaboration with local sheriff’s departments to gain easier access to anyone in criminal custody who is also suspected of immigration violations. It has once again expanded the use of workplace raids — officials carried out the largest one in a decade earlier this month in Texas. And it has scaled back the use of humanitarian parole, which once allowed many asylum seekers to roam freely and work with temporary permits while they waited for their cases to be resolved. | The Trump administration has also expanded collaboration with local sheriff’s departments to gain easier access to anyone in criminal custody who is also suspected of immigration violations. It has once again expanded the use of workplace raids — officials carried out the largest one in a decade earlier this month in Texas. And it has scaled back the use of humanitarian parole, which once allowed many asylum seekers to roam freely and work with temporary permits while they waited for their cases to be resolved. |
| The result is an increasingly congested system of long-term detention centers around the country, with officials signaling the need for more resources to house more detainees, while immigrant advocates argue that there are humane and effective alternatives to detention. | The result is an increasingly congested system of long-term detention centers around the country, with officials signaling the need for more resources to house more detainees, while immigrant advocates argue that there are humane and effective alternatives to detention. |
| “We have to remember that it is a choice to jail asylum seekers, and it is a choice that is at odds with international human rights norms,” said Heidi Altman, director of policy at the National Immigrant Justice Center. | “We have to remember that it is a choice to jail asylum seekers, and it is a choice that is at odds with international human rights norms,” said Heidi Altman, director of policy at the National Immigrant Justice Center. |
| Ms. Altman pointed to case management programs that have been used in the past to ensure that immigrants show up for court. Studies have shown that the programs are both cheaper than detention and have a proven track record of near universal court compliance. | |
| To address the current crush of detained migrants, ICE officials are working urgently to both expand the current system and to purge it of anyone possible, according to two officials at the Department of Homeland Security who spoke under the condition of anonymity because they were not authorized to discuss internal operations. That effort involves scanning the records of the detained population to find anyone who is ready to be deported immediately, and to identify anyone who qualifies for humanitarian parole and can be released to make room for others. | To address the current crush of detained migrants, ICE officials are working urgently to both expand the current system and to purge it of anyone possible, according to two officials at the Department of Homeland Security who spoke under the condition of anonymity because they were not authorized to discuss internal operations. That effort involves scanning the records of the detained population to find anyone who is ready to be deported immediately, and to identify anyone who qualifies for humanitarian parole and can be released to make room for others. |
| Another idea, drafted in a memo from Mr. McAleenan in his new capacity as the acting homeland security secretary, would ask the Department of Justice’s Executive Office for Immigration Review to dedicate most or all of its resources toward processing the cases of detained immigrants — temporarily pausing the court proceedings of anyone who has already been released into the country. The memo has not yet been sent, according to the official who disclosed it. | Another idea, drafted in a memo from Mr. McAleenan in his new capacity as the acting homeland security secretary, would ask the Department of Justice’s Executive Office for Immigration Review to dedicate most or all of its resources toward processing the cases of detained immigrants — temporarily pausing the court proceedings of anyone who has already been released into the country. The memo has not yet been sent, according to the official who disclosed it. |
| Officials in Washington have also suggested to ICE field offices around the country that they begin to release immigrants who have been granted bond by judges but have not yet paid them — presumably because they cannot afford to — in order to make more room. | Officials in Washington have also suggested to ICE field offices around the country that they begin to release immigrants who have been granted bond by judges but have not yet paid them — presumably because they cannot afford to — in order to make more room. |
| Many of these measures aimed at clearing out space could face opposition from the White House, since they run contrary to the very policies that are creating the problem — President Trump’s often-stated desire to end what he calls “catch and release” of migrants at the border. | Many of these measures aimed at clearing out space could face opposition from the White House, since they run contrary to the very policies that are creating the problem — President Trump’s often-stated desire to end what he calls “catch and release” of migrants at the border. |
| Meanwhile, authorities are struggling to identify new locations where migrants can be held in detention. The military awarded a $23 million contract in February to build a “contingency mass migration complex” at Guantánamo, a plan that would expand the existing facility to house 13,000 migrants and 5,000 support staff in tents. That project appears intended primarily to accommodate a crush of migrants that might accompany a new crisis in the Caribbean, though it could theoretically be used to house Central Americans. | |
| In recent months, ICE has also signed or expanded a series of contracts, procuring nearly 3,000 additional beds to house migrants in state and local prisons and jails across the country. Staff have been moved to run the new facilities, but that has further stretched resources at existing detention centers, making it harder to keep cases moving on track. | In recent months, ICE has also signed or expanded a series of contracts, procuring nearly 3,000 additional beds to house migrants in state and local prisons and jails across the country. Staff have been moved to run the new facilities, but that has further stretched resources at existing detention centers, making it harder to keep cases moving on track. |
| Medical providers at some ICE facilities have also complained about not having enough resources to maintain minimum requirements, and the officials who spoke on background said that some ICE detention centers had been forced to lower their populations recently because they did not have enough staffing to meet medical standards. | Medical providers at some ICE facilities have also complained about not having enough resources to maintain minimum requirements, and the officials who spoke on background said that some ICE detention centers had been forced to lower their populations recently because they did not have enough staffing to meet medical standards. |
| Watchdog groups that favor less immigration detention are warning that slapdash efforts to expand the ICE system could leave detainees at risk. | Watchdog groups that favor less immigration detention are warning that slapdash efforts to expand the ICE system could leave detainees at risk. |
| “You don’t have to take my word for it. Their own inspector general has looked into this and expressed concerns about oversight, conditions, inspections, contracting,” said Mary Small, policy director of the Detention Watch Network, referring to reports that have documented a long history of inadequacies with health care, sanitation, the use of force and legal access inside detention centers. “Whether by systematically overcrowding the existing system or rapidly expanding it, it’s logical to expect to exacerbate all of the underlying problems,” Ms. Small said. | “You don’t have to take my word for it. Their own inspector general has looked into this and expressed concerns about oversight, conditions, inspections, contracting,” said Mary Small, policy director of the Detention Watch Network, referring to reports that have documented a long history of inadequacies with health care, sanitation, the use of force and legal access inside detention centers. “Whether by systematically overcrowding the existing system or rapidly expanding it, it’s logical to expect to exacerbate all of the underlying problems,” Ms. Small said. |
| Congress has control over ICE’s budget for detention, and Democrats have often tried to limit funds in order to rein in the agency’s ability to make arrests indiscriminately. Even before the spike in migrant crossings earlier this year, the agency had been on track to require additional emergency funds this fiscal year in order to keep pace with trends at the southern border. Though the majority of those crossing recently are members of migrant families, who are typically being released into the country rather than detained, tens of thousands of individual adults continue to arrive each month, most of whom will end up in long-term detention centers. | Congress has control over ICE’s budget for detention, and Democrats have often tried to limit funds in order to rein in the agency’s ability to make arrests indiscriminately. Even before the spike in migrant crossings earlier this year, the agency had been on track to require additional emergency funds this fiscal year in order to keep pace with trends at the southern border. Though the majority of those crossing recently are members of migrant families, who are typically being released into the country rather than detained, tens of thousands of individual adults continue to arrive each month, most of whom will end up in long-term detention centers. |
| Because most migrant families are being released to await the outcome of their asylum cases, ICE’s three family detention centers are largely empty now. Facilities certified to house families only have a capacity of about 2,500 people, in any case. Currently, 675 members of migrant families are being detained in one of those facilities in Dilley, Tex. A second one in Karnes City, Tex., has been converted to house adults, to help with overcrowding elsewhere. And the third in Leesport, Pa., is empty. | Because most migrant families are being released to await the outcome of their asylum cases, ICE’s three family detention centers are largely empty now. Facilities certified to house families only have a capacity of about 2,500 people, in any case. Currently, 675 members of migrant families are being detained in one of those facilities in Dilley, Tex. A second one in Karnes City, Tex., has been converted to house adults, to help with overcrowding elsewhere. And the third in Leesport, Pa., is empty. |
| ICE has historically found ways around congressional attempts to limit arrests, such as using its transfer authority to move funds from other parts of its budget into its account for detention. The agency also routinely arrests more immigrants than it is funded to house, pressuring appropriators to increase its funding in order to support the higher population numbers. | ICE has historically found ways around congressional attempts to limit arrests, such as using its transfer authority to move funds from other parts of its budget into its account for detention. The agency also routinely arrests more immigrants than it is funded to house, pressuring appropriators to increase its funding in order to support the higher population numbers. |
| But the agency has faced political opposition from local officials around the country in its efforts to expand detention capacity. Last year, California passed a state law barring any new ICE detention contracts from being signed or expanded. And communities around the country have rallied to block plans for migrant detention centers in their regions. | But the agency has faced political opposition from local officials around the country in its efforts to expand detention capacity. Last year, California passed a state law barring any new ICE detention contracts from being signed or expanded. And communities around the country have rallied to block plans for migrant detention centers in their regions. |
| This year, after public allegations of physical abuse against detainees, the local governments in Adelanto, Calif., and Hutto, Tex., pulled out of ICE detention contracts under pressure from constituents. | This year, after public allegations of physical abuse against detainees, the local governments in Adelanto, Calif., and Hutto, Tex., pulled out of ICE detention contracts under pressure from constituents. |
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