Immigrants Challenge U.S. System of Detention (New York Times)

Immigrants Challenge U.S. System of Detention

By NINA BERNSTEIN
Published: May 1, 2008

Immigrants who spent time in detention while fighting deportation filed a federal suit on Wednesday against Michael Chertoff, secretary of the Department of Homeland Security, demanding that the agency issue legally enforceable regulations for its detention centers.

No enforceable standards now exist for the immigrant detention system, a rapidly growing conglomeration of county jails, federal centers and privately run prisons across the country.

The lawsuit, filed by the immigrants and their advocates in United States District Court in Manhattan, contends that the lack of such regulations puts hundreds of thousands of people a year in substandard and inconsistent conditions while the government decides whether to deport them, leaving them subject to inadequate medical care and abuse.

The suit is based on the Administrative Procedures Act, which allows courts to force agencies to respond to rulemaking petitions. In January 2007, the plaintiffs filed a petition requesting that Homeland Security make its detention standards enforceable, but have received no response.

Homeland Security is one of the largest jailers in the world, “but it behaves like a lawless local sheriff,” said Paromita Shah, associate director of the National Immigration Project of the National Lawyers Guild, one of the plaintiffs in the suit.

Other plaintiffs include Families for Freedom, a New York-based advocacy group for immigrant detainees; Rafiu Abimbola, a Nigerian who was detained for more than six years while seeking asylum; and Camal Marchabeyoglu, now a legal permanent resident living in Corona, Calif.

“The refusal to adopt comprehensive, binding regulations has contributed to a system in which thousands of immigration detainees are routinely denied necessary medical care, visitation, legal materials or functioning telephones,” Ms. Shah said.

Charles S. Miller, a spokesman for the Department of Justice, said the agency had not yet seen the lawsuit and could not comment.

In the past, officials at Immigration and Customs Enforcement, which oversees immigration detention within Homeland Security, said the system was held to general detention standards adopted in 1998 and 2000, through provisions in contracts with counties, private companies and other detention providers, and through annual inspections.

The agency “is fully committed to providing safe, secure and human conditions for individuals in our custody,” said Michael Keegan, a spokesman.

The lawsuit contends that those standards are incomplete, do not apply to detained immigrants in all facilities and are not enforceable when they do apply. It cites the findings of Homeland Security’s own inspector general after an audit of five detention centers in 2006, including one in San Diego run by Corrections Corporation of America; the Passaic County and Hudson County jails in New Jersey; the federal government’s Krome center in Miami; and the Berks County Prison in Leesport, Pa.

The audit found all five out of compliance with general standards on health care, disciplinary procedures and access to legal materials. But all five had been rated “acceptable” in the immigration enforcement agency’s annual reviews.