Enhanced enforcement of immigration regulations does not justify the use of force or other actions that endanger the health and safety of those in the custody of the United States Customs and Immigration Service (USCIS). Individuals who are injured, or the surviving family members of those who die in custody, have rights and can pursue recourse for personal injuries and wrongful deaths. As the number of individuals in detention has risen in recent years, so too have the number of instances of abuse and harm. Fortunately, there are mechanisms in place that allow individuals to pursue legal action. Unfortunately, few immigrants are aware of this fact and allow their abusers to go unpunished.
Over the past decade, the Southern Poverty Law Center, American Civil Liberties Union, and other groups have pursued lawsuits seeking to force changes that would provide effective protection for detainees. While there have been some significant victories that have advanced this cause, recent events show that there is far more that needs to be done to effectively protect women, children, and the most vulnerable among detainees.
Injuries and Deaths in Detention
Since 2015, the number of deaths and injuries announced in adult immigration detention facilities across the country has risen sharply. Many involve violations of medical standards and established standards of care. This includes the use of inadequate medical technology, software/hardware malfunctions, and poor record-management practices. These deficiencies put countless detainees in danger and perpetuate a cycle where the system continues to chew up new victims with little accountability for those responsible.
“Illegal” Immigrants Have Legal Rights
Even though undocumented immigrants are not in the United States legally, they are still protected by the guarantees within the US Constitution. These include the rights to freedom of speech, religion, fair treatment, privacy, and the other fundamental rights enjoyed by US Citizens. They have the right to a fair trial, and fair treatment before said trial. They are afforded the right to legal counsel in their own language, and cannot be tortured, threatened, abused, or coerced into signing statements that are untrue or against their will.
All undocumented immigrants in the rights have the right to due process and cannot be deported by the Immigration and Naturalization Service (INS) without a hearing that complied with due process standards guaranteed by the US Constitution. This includes a hearing, representation by legal counsel (at their own expense), a notice of charges, an opportunity to review the charges and the government’s evidence, and competent translation and interpretation of such documentation. Finally, it is incumbent upon the government to provide clear and convincing evidence that any deportation orders are valid.
Documenting Injuries and Abuse
Undocumented immigrants in ICE detention have the right to thoroughly document their injuries and the abuse they have suffered. This includes receiving copies of medical records, taking photographs of their injuries, seeking medical care and treatment for their injuries, and the ability to confer with and present this evidence to their legal counsel. There are many organizations and attorneys who will provide pro bono legal services for undocumented immigrants in ICE detention facilities.
Does Proof of Abuse = Right to Stay in America
Proof of malicious action or deficient treatment at the hands of the INS, DHS, or ICE does not guarantee the right to stay in the United States. Immigration law is a complex subject and there are many factors that go into this decision. These include the individual’s length of stay in the US, how they entered, how many times they’ve entered, their criminal history, etc. It also includes whether the individual has attended a US school, has suffered harm/abuse in the US, and whether the individual is afraid, or can confirm, that they would suffer harm if returned to their home country.
