This report addresses the U.S. Immigration and Customs Enforcement’s (ICE) September 2013 directive concerning the use of segregation and why it does not provide sufficient protection to detainees. It specifically addresses the changes the directive makes in the use of segregation, the identification of individuals with special vulnerabilities, the review process of detainees in segregation, and the reporting procedures required of detention facilities. This report examines previous attempts to implement immigrant detention standards and sheds light on current practices by detention facilities throughout the United States in relation to their use of solitary confinement. It recommends that ICE should strictly monitor the segregation directive, creation of an independent committee composed of civil society to monitor ICE’s segregation directive, for solitary confinement to be used only as a last resort and where there are no alternatives, strict reporting of solitary confinement to Congress and for those reports to be publicly available, and that information about detention conditions, policies, and practices, should be readily available to the public at large.
U.S. Immigration and Custom Enforcement’s New Directive on Segregation: Why We Need Further Protections (2014)