December 2, 2009

Locked Up Far Away

The Transfer of Immigrants to Remote Detention Centers in the United States

I. Summary
The Impact of Transfers on Detainees’ Rights
New Data on Detainee Transfers
ICE Policy
II. Recommendations
III. Methodology
IV. The Power to Apprehend, Detain, and Deport
V. Efficient Warehousing: Immigration and Customs Enforcement’s Power to Transfer Detainees
Immigration Transfers Compared with Criminal Transfers
ICE’s Internal Transfer Standards
VI. New Data on Frequency and Patterns of Detainee Transfers
Trends in the Frequencies and Types of Detainee Transfer
Geographic Patterns in Detainee Transfers
Costs of Transfer
VII. Deprivation of Access to a Lawyer
The Importance of an Immigration Attorney
Transfers Obstruct Established Attorney-Client Relationships
Interference with Transferred Detainees’ Rights to Choose Counsel
VIII. Violation of the Rights to Challenge Detention and to Fair Venue
Bond Hearings Delayed or Hindered by Transfers of Detainees
Transferred Detainees are Rarely Able to Change Venue
IX. Violation of the Right to Defend Against Deportation
X. Unfair Treatment before the Courts
Transfers Affect Ability of Refugees to Receive Asylum
XI. The Emotional Toll of Family Separation
XII. Unaccompanied Minors
Acknowledgments
Appendix