Undocumented immigrant detainee's rights: removing non-criminal immigrants from the criminal correctional system
Creators: name: Clinger, Matthew J
Publisher: name: University of Utah
Year: 2012
Subjects: Immigration
Deportation
Homeland Security

description: According to the United States Customs and Border Patrol,  1.2 million people were arrested trying to enter the country illegally  in 2005. Of the 70 percent released into U.S. communities with an  order to return for deportation hearings, only 18 percent showed up  later. In efforts to prohibit an alien influx into American society, the  majority of apprehended illegal immigrants are now being detained  while they await deportation. Effective October first of this year,  all unauthorized immigrants that are captured will be held in U.S.  detention centers until they can be returned to their nation of citizenry.  More than half of all immigrant detainees are housed in county jails  or privately run penal institutions despite the fact that those held  on immigration charges are legally considered administrative, not  criminal detainees.  Of the 300 detention centers used for immigration violations,  only 9 are run by the Department of Homeland Security and exclusive  to non-criminal immigrants. Mixing administrative detainees with  the criminal population has the potential of putting the detainees in  imminent danger. Consider the recent case in New Jersey where  a female college honors student was in custody on immigration  charges originating from a relative bringing her as a young child into  the United States with false documentation. The detainee, a Ghana  native, was mixed in with the general population of the county jail  until threats on her life made separation essential. Non-criminal  aliens, often deeply rooted through ethnicity, culture, language,  religion and/or class are being thrown into an environment in  which any differences can cause tension, friction, and even danger.  Furthermore, immigration detainees currently have no right to legal representation or defined release dates.  The change to the policies of illegal immigrant detention, and  the subsequent growing number of detainees will require an increase  of detention facilities. Furthermore, the varying and changing  demographic of immigrants attempting to illegally cross the United  States' borders warrants a change in the detention facilities. The  current trend of placing non-criminal aliens in the penal system is  no longer valid considering family, religion, ethnicity, language and  culture issues. Add to these sensitive issues the need for detainee  safety and basic human rights and the argument for a change is  strengthened immensely.  In response to both the demand for facilities and the  demographic issues presented above, I propose a new holding  center for illegal immigrants awaiting deportation or naturalization.  The purpose of the holding center is to make possible the new policy  of the United States Government concerning illegal immigration  while taking concern and care for the well-being, safety, and human  rights of the detainees. The results of this facility will be the removal  of undocumented immigrants from the criminal jails and penal  institutions into an environment that is geared specifically to the  issues of illegal immigration detention, processing, and deportation  or naturalization, with the goal being a change in the way that  immigrants are treated, detained, and given their rights. As part of  this program there will be short-term and long-term accommodations,  legal spaces, administrative facilities, transportation resources,  and other necessary resources including food and health services.  Another important issue concerning deportation is coordination with various countries of origin to return detainees; therefore the center  will inherit certain diplomatic responsibilities. The outcome of an  all-inclusive facility would be to expedite the process of deportation  while addressing the issues of security and containment.  389 miles of the United States - Mexican border lie  within the state of Arizona. Although this number amounts to only  one-fifth of the total southern border, Arizona is home to over 5%  of the total undocumented population in the nation, trailing only  California, Texas, and Florida. However, in the last 5 years the  number of unauthorized immigrants in Arizona has grown 45%, compared  to the 10%, 25% and 6% increases in the previously mentioned states,  respectfully. This increase is attributed to the astounding numbers of  immigrants currently entering the country, and in combination with the  strengthened efforts to detain and deport undocumented immigrants there  is a heightened necessity not only for facilities to detain these immigrants,  but also persons to run the facility, offer legal support, and/or ensure that  the detainees are treated fairly.  Known as a "sanctuary city" because of its policies on undocumented  immigration, Phoenix is the capitol of Arizona and the fifth largest municipality  in the nation with a population of 1.5 million. Its sanctuary status comes  from the city charter itself, which says that the investigation and enforcement  of federal immigration laws is the business of the Department of Homeland  Security, not the local law enforcement agencies. The status of the city,  along with its Economics; and its proximity and ease of travel to other major  US cities, makes it an ideal place for migrants who are without permissions  in this country; however, anti-illegal immigrant groups are attempting to  instate a change to the city charter which would effectively get rid of the sanctuary status.  The site for this detention center is located on the Southwestern  corner of the intersection of 7th Avenue and Washington Street. This site is  located in the midst of the government and institutional buildings of the city,  county, and state, and lies relatively close to the major federal buildings  found within Phoenix. The commercial driven city center is only blocks  away to the east. To the south of the immediate site is an industrial area  where many homeless and immigrants may be found. The site, until about  a year ago, was a low-rent, run down hotel that was demolished because  of violations to city code. The city police headquarters and accompanying  laboratories immediately flank the relatively flat sight, and both streets  are major traffic arteries of the city. The site was chosen because of its  centrality to the city and ease of access from most locations within the  greater Phoenix metropolitan area.  As an institution, the holding center will function to fulfill the  administrative needs of the government and its policies. More importantly,  the program will make a social statement about the humane treatment and  the dignity of immigrants and the pitfalls of the corrective systems of the  United States' governments on all levels. The rights of the immigrant will be  fully accounted for, whether it be the right of privacy or the right of justice.