U.S. To “Jail” Illegal Aliens In Hotels, Nursing Homes

In an effort to avoid incarcerating illegal immigrants and assure their humane treatment, the Department Homeland Security is creating an innovative system that detains those awaiting deportation based on flight risk and danger.

Illegal aliens determined to pose no true threat to the U.S. will be housed by the government in facilities like hotels and nursing homes rather than jails, according to a news report outlining the Obama Administration’s immigration detention overhaul. Other private facilities are also being considered and Homeland Security officials are asking the private sector for more ideas.

Nearly 400,000 illegal immigrants are currently incarcerated in local, state and federal prisons throughout the nation at a cost of about $2 billion. But Homeland Security Secretary Janet Napolitano, with a documented history of opposing immigration enforcement, vowed months ago to devise a plan that offers alternatives to traditional detention of a population she claims poses no threat to the country.

This week the former Arizona governor announced that she has kept her promise to immigration advocates who have long complained about the inhumane conditions in jails across the nation. Among the problems, they say, is the poor quality of medical treatment and illegal aliens’ inability to access basic services, such as telephones and attorneys.

That will all improve by next fall, Napolitano says, because her agency will have a new system that ranks illegal aliens by flight risk and public danger. Immigrants will be detained based on those assessments, with a large number expected to be housed in less restrictive residential facilities, despite the obvious national security risks created by granting such violators virtual freedom.

The official who heads Immigration and Customs Enforcement (ICE), the Homeland Security agency in charge of incarcerating illegal immigrants, says this will meet his goal of transforming the current operation into a “truly civil detention system” focused on safely and humanely holding people.

http://www.dhs.gov/ynews/releases/pr_1254839781410.shtm

Secretary Napolitano and ICE Assistant Secretary Morton Announce New Immigration Detention Reform Initiatives
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Release Date: October 6, 2009

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Fact Sheet: ICE Detention Reform: Principles and Next Steps (PDF, 3 pages - 65 KB)
Immigration Detention Overview and Recommendations

Department of Homeland Security (DHS) Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton today announced new initiatives as part of the Department’s ongoing immigration detention reform efforts—enhancing the security and efficiency of ICE’s nationwide detention system while prioritizing the health and safety of detainees.

“These new initiatives will improve accountability and safety in our detention facilities as we continue to engage in smart and effective enforcement of our nation’s immigration laws,” said Secretary Napolitano.

“These new reforms will establish consistent standards across the country, prioritizing risk, strengthening oversight and increasing efficiency in our immigration detention system,” Assistant Secretary John Morton said.

The reform efforts address the seven major components of the detention system outlined in a comprehensive review conducted by Dora Schriro, the former ICE Office of Detention Policy and Planning Director, over the past several months, focusing on greater federal oversight, specific attention to detainee care, and uniformity at detention facilities.

Each of the reforms announced today are expected to be budget neutral or result in cost savings through reduced reliance on contractors to perform key federal duties and additional oversight of all contracts.

Secretary Napolitano and Assistant Secretary Morton also announced that Phyllis Coven will serve as Acting Director of the Office of Detention Policy and Planning while a nationwide search for a permanent director is underway. Coven, who has 17 years of experience in the federal government and international community, comes to ICE from U.S. Citizenship and Immigration Services. Throughout her career, Coven has chaired numerous detention initiatives at the Department of Justice and the former Immigration and Naturalization Service.

To better manage all detainee populations, ICE will centralize all contracts under ICE headquarters’ supervision. Currently, the majority of more than 300 active contracts are negotiated and managed by disparate ICE field offices. ICE will also aggressively monitor and enforce contract performance in order to ensure contractors comply with terms and conditions—especially those related to conditions of confinement.

To advance the effective use of alternatives to detention (ATD), ICE will develop an assessment tool to identify aliens suitable for ATD and will submit a plan to Congress this fall to implement an ATD program nationwide. ICE will continue to work with the Department of Justice to expedite the adjudication of ATD cases to reduce costs.

To better manage detention operations, ICE will develop a risk assessment and custody classification, which will enable detainees to be placed in an appropriate facility. ICE will pursue detention strategies based on assessed risk and reduce costs by exploring the use of converted hotels, nursing homes and other residential facilities.

To better manage special populations and improve program management, ICE will house non-criminal, non-violent populations, such as newly arriving asylum seekers, at facilities commensurate with risk and expand programs available including legal support services.

To enhance detainee medical care, ICE will devise and implement a medical classification system that will improve awareness of an individual detainee’s medical and mental health conditions from the time the individual first enters detention.

To ensure accountability and reduce reliance on contractors, ICE will more than double the number of federal personnel providing onsite oversight at the facilities where the majority of detainees are housed. ICE will also accelerate efforts to provide an online search system for attorneys, family members and others to locate detained aliens.

On Aug. 6, 2009, Assistant Secretary Morton announced the first steps in ICE’s detention overhaul—including the creation of the Office of Detention Policy and Planning, the formation of two advisory groups comprised of local and national stakeholders and the establishment of the Office of Detention Oversight, an independent apparatus to inspect facilities and investigate detainee grievances.

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