Immigrant detention facilities are violating detainees' civil and constitutional rights and failing to meet basic standards of treatment, according to a scathing report released Thursday by the U.S. Commission on Civil Rights. The bipartisan
commission, composed of four presidential appointees and four congressional appointees, urged President Barack Obama, Vice President Joe Biden and House Speaker John Boehner (R-Ohio) to limit immigrant detention as much as possible, particularly for women and children.
"All people, no matter whether they are immigrants or asylum-seekers, deserve to be treated as humans," Chairman Martin R. Castro, a Democrat who was appointed to the commission by Obama, said in a statement.
"Now, more than ever before, we need to treat fairly and humanely those persons, especially women and children, who are seeking sanctuary from violence and instability in their countries," he added.
The report builds on months of backlash to the Obama administration's use of family detention. Opponents have argued for years that immigrant detention, particularly of non-criminals, is overly punitive. Last year, the administration fueled that criticism by deciding to ramp up family detention, and critics are hoping to eventually
end the practice altogether.
The USCCR report was approved by a vote of 5-2, with all four Democrats and an Independent voting in favor, and a Republican and an Independent dissenting. (The eighth commissioner recused herself.) Three of the commissioners who voted to approve the findings were appointed by Obama.
The report discusses the commissioners' visits to two detention centers in May: the Port Isabel Detention Center, an adult facility, and Karnes County Residential Center, which holds women and children. In those centers, the commission observed conditions similar to those of prisons, in violation of the civil rights of those inside.
Because being in the U.S. without status is a civil, not a criminal, offense, the facilities are supposed to be different from punitive ones, but the report claims that the Department of Homeland Security detains "many undocumented immigrants like their criminal counterparts in violation of a detained immigrant’s Fifth Amendment Rights."
The panel also alleges that the government is not complying with the
Flores settlement, a 1997 agreement that children should be detained in the least restrictive setting possible. A judge
ruled in July that the government was violating that settlement. DHS is appealing the ruling, but the commission argues that the department should stop its appeal and follow the order by immediately releasing the families.