Stop Sexual Abuse of Detained Immigrants

Sexual violence is pervasive in America’s prisons and jails. A 2010 report by Human Rights Watch uncovered numerous allegations of sexual abuse specifically in immigration detention facilities. In April 2011, NIJC filed a mass civil rights complaint on behalf of sexual minorities in immigration detention, several of whom were victims of sexual abuse in U.S. immigration custody.

Congress took an important step to prevent sexual abuse in prison when it passed the Prison Rape Elimination Act (PREA), which set a “zero-tolerance standard” for prison rape and created guidelines to hold correctional facilities accountable for protecting inmates. In May 2012, the Obama administration instructed the Department of Homeland Security to promulgate regulations for how the law will be implemented in the immigration detention system. DHS was given one year to implement a final rule. Read NIJC's statement in response to the administration's annoucement.

The decision to require DHS to implement its own regulations was made following vigorous advocacy by NIJC and a broad coalition of immigrant and prisoner rights groups who argued that protection from sexual assault should not hinge on one's immigration status. The links below document NIJC's ongoing work and accomplishments to secure PREA protections for detained immigrants.

Links:

Letter from 28 members of the U.S. House of Representatives to the Government Accountability Office requesting an investigation into sexual violence in U.S. immigration detention system (January 2012) 

NIJC press release about the New York City Council hearing on immigration detention & NIJC testimony at council hearing (December 2011)

NIJC press release about additional civil rights complaints filed with OCRCL on behalf of LGBT individuals abused in detention (October 2011) 

NIJC testimony submitted to Department of Justice Panel Hearing on Prison Rape (September 2011)

Policy Brief- The Prison Rape Elimination Act: Obama Must Protect Immigrants from Sexual Assault (August 2011)

Letter from 38 members of the U.S. House of Representatives calling on DHS to investigate reports of abuse of detained LGBT immigrants (June 2011)

NIJC's letter to Attorney General Holder during the public comment period on the proposed PREA regulations (April 2011)

NIJC press release announcing the filing of a mass civil rights complaint with the Department of Homeland Security’s (DHS’s) Office of Civil Rights and Civil Liberties (OCRCL) and Office of Inspector General on behalf of LGBT immigrants who suffered human rights violations, including sexual assault while in immigration detention (April 2011)