End Arbitrary Detention of Immigrants

The United States detains approximately 33,000 noncitizens each day, a 60 percent increase from just four years ago. Immigration detention is an administrative form of custody, meaning that the Department of Homeland Security holds people on civil charges while their cases are pending in the immigration court system. The majority of the people held by the Department of Homeland Security have no criminal history, and those who do have already served their time for their convictions. A recent study found that noncitizens without criminal convictions typically spend more than two months in detention, and hundreds are in custody for more than a year.

The United States does not provide its immigration officers with clear guidance regarding which noncitizens should be detained and which should be released. Therefore, the population of detained immigrants in the United States includes individuals who recently entered the country without authorization as well as long-time lawful permanent residents who committed a minor infraction more than a decade ago.  It includes vulnerable populations such as asylum seekers, torture survivors, pregnant women, and individuals with chronic and serious illnesses, including mental illness.  

As a result of the lack of clear guidance, immigration officers’ detention decisions are inconsistent.  Factors as arbitrary as geography, rather than the merits of the case, often determine whether or not an individual will be released from detention.