User:Amanzo2/Immigration detention in the United States

Article Draft
Hi peer reviewers! I haven't necessarily made changes yet but I will leave my planned changes in bold below

Lead
The United States government holds tens of thousands of immigrants in detention under the control of Customs and Border Protection (CBP; principally the Border Patrol) and the Immigration and Customs Enforcement (ICE). Immigrants are detained for unlawful entry to the United States, when their claims for asylum are received (and prior to release into the United States by parole), and in the process of deportation and removal from the country. During Fiscal Year 2018, 396,448 people were booked into ICE custody: 242,778 of whom were detained by CBP and 153,670 by ICE's own enforcement operations. A daily average of 42,188 immigrants (40,075 adult and 2,113 in families) were held by ICE in that year. In addition, over twelve thousand immigrant children are housed by facilities under the supervision of the Office of Refugee Resettlement's program for Unaccompanied Alien Children. Prior to referral to these other agencies, the CBP holds immigrants at processing centers; between mid-May and mid-June 2019, it held between 14,000 and 18,000 immigrants. (UPDATED THESE STATS)

'''Mandatory detention was officially authorized by President Bill Clinton in 1996, with the enactment of the Antiterrorism and Effective Death Penalty (which gave the Attorney General discretion to extend detention) and the Illegal Immigration Reform and Immigrant Responsibility acts. From 1996 to 1998, the number of immigrants in detention increased from 8,500 to 16,000 and by 2008 this number increased to more than 30,000.  (MOVED TO ANOTHER SECTION)''' According to the Global Detention Project, the United States possesses the largest immigration detention system in the world. In 2003, the U.S. Immigration and Customs Enforcement agency (ICE) was created under the Department of Homeland Security. ICE enforces the United States' immigration and customs laws, uses investigative techniques to apprehend and detain those suspected of violating them, and then deports many of these individuals. The Office of Detention and Removal Operations (DRO), housed within ICE, oversees the detention and deportation of immigrants taken into custody by ICE. Currently, ICE detains immigrants in over 200 detention centers (including privatized facilities), in state and local jails, in juvenile detention centers, and in shelters.

'Several human rights organizations, including Amnesty International and the American Civil Liberties Union (ACLU), and a series of reports made by The New York Times'' have cited concerns with ICE's management of these detention centers. Reports refer to instances of human rights abuse and inadequate or unprofessional medical care in these detention facilities. Such reports have also publicized the death of several immigrants in detention and have accused ICE of covering up this information. ICE, in response, has released a list of 166 people who died under ICE detention between 2003–2016. ICE has publicly stated that the agency provides "state-of-the-art medical care" and "do[es] everything possible to maintain the best quality of life for the detainees in…custody." In May 2008 the Detainee Basic Medical Care Act of 2008 (H.R. 5950) was introduced to the United States Congress by Representative Zoe Lofgren (D-CA), though no further steps have been taken to enact the bill. (MOVED TO HUMAN RIGHTS SECTION)'''

'''**The lead is a little long so I want to trim down areas that can be possibly placed in other sections. Additionally, the statistics it has in the first and second paragraphs on the number detainees are from 2019, 2018 so I'm also looking into including updated statistics if those are available and especially looking to see how COVID impacted detainees and the rate of detention.'''

New Lead
The United States government holds tens of thousands of immigrants in detention under the control of Customs and Border Protection(CBP; principally the Border Patrol) and the Immigration and Customs Enforcement (ICE).

'''According to the Global Detention Project, the United States possesses the largest immigration detention system in the world. Currently, ICE detains immigrants in over 200 detention centers (including privatized facilities), in state and local jails, in juvenile detention centers, and in shelters. Immigrants may be detained for unlawful entry to the United States, when their claims for asylum are received (and prior to release into the United States by parole), during the process of immigration proceedings, undergoing removal from the country, or if they are subject to mandatory detention.'''

'''During Fiscal Year 2023, 273,220 people were booked into ICE custody. As of FY 2023, the daily average population of non-citizens being detained by ICE was 28,289, however, at the end of the same fiscal year there was a total of 36,845 noncitizens being currently detained. In addition, as of April 2024, roughly 7,000 immigrant children are housed by facilities under the supervision of the Office of Refugee Resettlement's (ORR) program for Unaccompanied Children (UC). For the FY 2023, the ORR reported 118,938 unaccompanied children referrals from DHS to be processed into the UC program.'''

Article body
**There is a Transgender immigrant issues section which is thorough and I would like to add a Women migrant issues in which I will highlight studies that explain what migrant women face while being detained and prominent issues that have arisen such as sexual assault, forced sterilizations, restricted access to care

Migrant Women in Detention Centers
As of July 2019, around 55,654 individuals were detained in a facility by ICE and/or CBP, 9,176 of which were women. However, as of FY 2024, around 38,000 immigrants were detained and in custody of ICE/CBP, with roughly 5,900 being women. According to ICE and ERO standards and policy, there are particular standards and protocols related to care that directly concern women and their processing. ICE and ERO adhere by the Performance-Based National Detention Standards (PBNDS) of 2011, which has since been updated in 2016. The PBNDS 2011 guidelines create standard policies that ICE adheres by to maintain their facilities and care of migrants/immigrants in detention, aiming to maintain "a safe and secure detention environment for staff and detainees" PBNDS 11 section 4.4 and its revisions set a health care standard for women that includes an initial health assessment upon processing and a variety of reproductive health care services such as: pregnancy services, abortion care, gynecological exams like pap smears, and testing for sexually transmitted infections. Additionally, there are provisions in section 2.11 that include procedures for survivors of sexual abuse and assault to report and receive referrals to treatment.

These guidelines set a particular standard of care for ICE facilities must follow, however, due to complicated nature of detention of immigrants in the US, the varying agencies that detain immigrants such as ICE, CBP, ORR have different standards. For example, CBP utilizes the National Standards on Transport, Escort, Detention, and Search (TEDS) policy Additionally, facilities operate under a range of entities--from the federal government under DHS with either ICE or CBP, but also, due to outsourcing, state/local agencies and privately run detention centers also operate under their own policies. Critics argue that this nature of the detention system create gaps in care and standards that make women vulnerable and lead to insufficient levels of care.

Despite various standards that are in place, multiple studies and reports raise concern about the adherence or violations of standards and adverse experiences of migrant women in detention centers. There have been reports in recent years calling attention to experiences of sexual assault among women and girls within detention, lack of reproductive care, instances of adverse pregnancy outcomes, miscarriages due to improper care, and instances of sterilization through involuntary hysterectomies. According to a 2023 Futuro Media investigative report, a pattern of sexual abuse in ICE detention arose and they cite "308 sexual assault and sexual abuse complaints filed by immigrants detained in ICE facilities nationwide between 2015 and 2021" with more than half of which were directed against staff. Other studies and research also sound alarm to multiple and growing instances of "unnecessary hysterectomies performed without informed consent" and overall instances of medical mistreatment and lack of access to proper care.

Sources I have gathered for this section include:


 * https://www.pbs.org/newshour/nation/hundreds-of-immigrants-have-reported-sexual-abuse-at-ice-facilities-most-cases-arent-investigated
 * https://www.americanprogress.org/article/immigration-detention-dangerous-womens-health-rights/
 * https://doi.org/10.1080/26895269.2021.1938779
 * https://wrlc-gwu.primo.exlibrisgroup.com/permalink/01WRLC_GWA/15suu1b/cdi_bmj_primary_10_1136_bmj_m3615
 * https://wrlc-gwu.primo.exlibrisgroup.com/permalink/01WRLC_GWA/1j51gk4/alma9976117903604107
 * https://wrlc-gwu.primo.exlibrisgroup.com/permalink/01WRLC_GWA/1j51gk4/alma9913036791104101
 * https://wrlc-gwu.primo.exlibrisgroup.com/permalink/01WRLC_GWA/15suu1b/cdi_webofscience_primary_000747778400011CitationCount
 * https://wrlc-gwu.primo.exlibrisgroup.com/permalink/01WRLC_GWA/15suu1b/cdi_pubmedcentral_primary_oai_pubmedcentral_nih_gov_8034024