Detention Policies and Practices Under the Biden Administration
Discussion on the state of detention, release procedures, prosecutorial discretion, and changes under the Biden administration, including details on bed space, COVID-19, standards, oversight, and access to counsel. The content highlights pre-Biden and current detention statistics, release standards, transparency, accountability, and trends in prosecutorial discretion.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
ADVOCACY WORKSHOP PART III: DETENTION UNDER THE BIDEN ADMINISTRATION
DISCUSSION TOPICS State of detention: bed space, COVID-19, privatization, standards, oversight Release: standard, discretion transparency, consistency, and accountability, Interim Final Rule (parole), court jurisdiction Prosecutorial discretion Access to counsel Expedited Removal
STATE OF DETENTION PRE-BIDEN STATE OF DETENTION UNDER BIDEN ~15,000 detained ICE held 26,222 in detention as of June 24 according to theTransactional Research Access Clearinghouse (TRAC), 79% who had no criminal record and others who have only minor offenses, including traffic violations.The South Texas ICE Processing Center in Pearsall held the largest number of ICE detainees so far in FY 2021, averaging 751 per day. Max ~55,000 (capacity 55,000, funded at 34,000) GAO: during FY 2017-2020, finding that of the 28 out of 40 facilities ICE opened there was no documented showing that there was a need for the space Who: adults, families, kids 18 (Sept 21 court finding failure to consider) ~9,000 tested positive for COVID / highest number of deaths FY2020 in 15 years ~20,000 detained on average 2022 Privatization Not seeing cases postponed due to COVID Bureau of Prisons Oct 5 CA9 ICE can hire private companies Alternatives Mid year: ICE Alternatives to Detention (ATD) programs are currently monitoring 103,933 families and single individuals. For more information,TRAC's Quick Facts tool. House Arrest (Feb 18, 2022 proposal) National Detention Standards Wages (Oct 29 WA court ruling) Solitary confinement Sufficient medical staff Oversight
RELEASE PRE-BIDEN RELEASE UNDER BIDEN Release standard Discretion Transparency / Accountability in decision making Priorities (guidance to DHS officers) Identity Danger Mandatory Detention Flight risk Stable living option Interim Final Rule Comment! Parole No work permit When not released: Pre CFI / RFI RFI positive (Supreme Court June 29) Burden of Proof Arriving aliens Appeals In Court Expand jurisdiction to arriving aliens and RFI positive cases (Congress) Shelters as stable living option (AG letter) Final Order of Removal (Order of Supervision, proposed rule for regulatory change to take away EADs) Prolonged detention
PROSECUTORIAL DISCRETION PRE-BIDEN PROSECUTORIAL DISCRETION UNDER BIDEN January 20th Pekoske Memo Eliminated enforcement priorities February 18th Johnson Memo August 19th preliminary injunction September 15th CA5 stay September 30th immigration enforcement guidance
ACCESS TO COUNSEL PRE-BIDEN ACCESS TO COUNSEL UNDER BIDEN Issues: Access to courtrooms Counsel for indigent respondents Reinitiate BIA Pro Bono program Unlimited confidential video calls Detention bed attorney room quota Provide interpretation and translation for forms Access to Counsel Detained 33% Non-detained 66%
EXPEDITED REMOVAL PRE-BIDEN EXPEDITED REMOVAL UNDER BIDEN No right to see a judge No access to court for those with relief Expanded application of expedited removal: From 14 days to two years From 100 miles of the border to anywhere DHS Rescinds Expansion of Expedited Removal March 21, 2022 - DHS issued a Federal Register Notice to rescind the July 2019 Expedited Removal policy to again make expedited removal applicable for individuals found within 100 miles of the U.S. border, instead of anywhere in the U.S., and within 14 days of their entry into the United States, instead of within two years.
Lunch Advocacy Workshops 12:00pm - 1:00pm Central Standard Time Thursday: Interior Enforcement Friday: Affirmative Benefits Tune-in here: https://us04web.zoom.us/j/3748216758?pwd=U3JjTFk5b HB5WEJHNDcrRm56UlVyUT09 Support our Work: www.migrantcenter.org/donate Stay in Touch: www.migrantcenter.org (more news and analysis, job and volunteer postings, and learn more about our work) admin@migrantcenter.org (newsletter sign-ups and inquiries) https://www.facebook.com/migrantctr P.O. Box 90382 San Antonio, TX 78209 210-802-6061
