On Friday March 20, 2009 the Inter-American Commission for Human Rights (IACHR) held a hearing on U.S. immigrant detention and deportation policies. Petitioners from the University of Pennsylvania Law School’s Transnational Legal Clinic went before the commission alleging (1) the duties delegated to local law enforcement from the federal Immigration and Customs Enforcement (ICE) leads to widespread abuses of power, (2) U.S. policies deprive detainees of due process, and (3) the deplorable detention conditions amount to a human rights crisis.
On Friday March 20, 2009 the Inter-American Commission for Human Rights (IACHR) held a hearing on U.S. immigrant detention and deportation policies. Petitioners from the University of Pennsylvania Law School’s Transnational Legal Clinic went before the commission alleging (1) the duties delegated to local law enforcement from the federal Immigration and Customs Enforcement (ICE) leads to widespread abuses of power, (2) U.S. policies deprive detainees of due process, and (3) the deplorable detention conditions amount to a human rights crisis.
Section 287 (g) of the Illegal Immigration Reform and Immigrant Responsibility Act, 8 U.S.C.A § 1357, allows the Department of Homeland Security (DHS) to delegate immigration law enforcement functions to state and local law enforcement agencies by special agreements. The petitioners allege that local police agencies use 287 (g) powers to eliminate the requirement of probable cause for the questioning and detention of immigrants. This has allowed for rampant racial profiling. The local agencies are supposed to be closely monitored and trained by ICE agents, but this training has mostly failed, which led to abuses of power. Police use 287 (g) capabilities to detain people without probable cause if they suspect them of immigration violations. Once taken into custody, detainees can be held for days or years to wait for a hearing. These detentions amount to a human rights problem because they hold people for vast amounts time, often without a lawyer. Also, ICE programs detain children and give family members few ways to know where their loved ones are. Under 287(g) and other DHS programs, many immigrants are deported without knowing their rights. Expedited deportation processes have caused legitimate immigrants to be deported erroneously. The petitioners request full termination of the 287 (g) program because it has not been proven to protect society.
The U.S. responded by acknowledging the shortcomings of the 287 (g) program. Dora Schiro from the DHS mentioned that the Obama administration will look into the problems, but that it was too early to know what action will be appropriate. They mentioned the quality healthcare provided to each detainee and claimed that detention times are not normally more than a month.
The Commissioners stressed the need for more transparency in U.S. immigration law enforcement. They were concerned about the separation of parents from their children and inadequate avenues to determine the whereabouts of loved ones, especially where there is a language barrier. The Commissioners were grateful that the U.S. was now willing to consider the findings of the Petitioners and the IACHR.
The breadth of the immigration problem in the United States creates an urgency that must be addressed. Ms. Schiro said that with over one million aliens under ICE supervision, the agency must insure that it functions with respect for both the immigrants and the law. A functioning ICE is necessary to maintain security. The petitioners from Penn were also concerned with the program’s breadth. The import of this issue lies in the rampant abuse of power by inadequately trained local police agencies and the deplorable conditions once the immigrants are detained. This issue affects everyone, especially in regions where 287 (g) programs are widespread. It is important that immigrants’ rights be protected under the Constitution. No statutory immigration program should allow protections against police abuse to be diluted.
Ms. Schiro and the DHS thanked the Commission and petitioners for their research and pledged to consider their findings. The DHS put forth a commitment to reform its practices, but gave no real answer on the due process questions posed by local police action under 287 (g). The Commission stressed the need for greater transparency and respect for privacy. The ICE grew very quickly under 287 (g) and Schiro said it would address the effects of this rapid growth. The DHS under the new administration seemed open to criticism, but gave no specific answers about how they will achieve these next steps beyond continued inquisition into the 287 (g) program.
