September 1998 Vol. 10, No. 1 (G)
LOCKED AWAY:
IMMIGRATION DETAINEES IN JAILS IN THE UNITED STATES
LETTERS FROM DETAINEES 3
I. SUMMARY AND RECOMMENDATIONS 4
Detailed Recommendations 7
To the INS 7
Detention of Immigrants 7
Detention of Asylum Seekers 7
Detention Conditions for All Detainees 8
Minimum Standards Required in All INS Contracts with Local Jails 9
Monitoring Local Jails 11
To the U.S. Congress 11
To the Civil Rights Division of the Department of Justice 12
To the Working Group on Arbitrary Detention of the U.N. Human Rights Commission 12
To the United Nations High Commissioner for Refugees (UNHCR) 12
To the Organization of American States (OAS) 12
II. INTRODUCTION 13
Current Legislation 14
INS Detention System 16
Lack of Uniform Standards 17
Contracting with Local Facilities 18
Monitoring Local Jails 19
Tension in the System 20
Alternatives to Detention 22
III. LEGAL STANDARDS 23
International Standards 24
The Special Situation of Asylum Seekers 26
Limited Circumstances in Which Refugees May Be Detained 27
Additional Rights of Asylum Seekers in Detention 28
United States Law and Policy 29
Due Process Rights of Immigrants 29
Recent Changes to U.S. Immigration Laws 31
Expedited Removal and Asylum Seekers 32
Detention Conditions 33
IV. FINDINGS 35
List of Local Jails Investigated 35
Human Rights Watch Access 37
Commingling INS Detainees with Local Jail Populations 39
Living Conditions 42
Physical Space 42
Recreation/Exercise 46
Food 48
Clothes/Lack of Supplies 49
Educational Programs/Activities 50
Property 50
Language 52
Communication with the Outside World 53
Medical Care 56
Prompt Attention to Medical Needs 56
Payment for Services 57
Infectious Diseases 58
Dental Care 59
Mental Health Care 60
Legal Representation 63
Communication with Legal Counsel 64
Visitation by Legal Representatives 66
Legal Materials/Law Library 67
Use of Disciplinary Sanctions 68
Inmate Grievance Procedures 72
Notice of Rights/Inmate Handbooks 72
Physical Mistreatment 73
Pike County Jail, Pennsylvania 73
Tensas Parish Detention Center, Louisiana 74
Avoyelles Parish Prison, Marksville, Louisiana 76
Length of Detention 78
Frequent Transfers 79
Indefinite Detainees 81
Alternatives to Long-Term Detention 83
ACKNOWLEDGMENTS 85
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