Immigrant Detention: Can ICE Meet Its

Legal Imperatives and Case Management Responsibilities?

September 10, 2009Donald Kerwin, Vice President for Programs

Serena Lin, Data/Statistical AnalystMigration Policy Institute

Washington, DC

Part I: Snapshot of ICE Custody Data

The growth of ICE’s immigrant detention system has accelerated in recent years.

(average daily detention)

6,785

33,400

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

ICE detained a record 378,852 persons in 2008, a 60% increase from 2005.(average annual detention)

0

50,000

100,000

150,000

200,000

250,000

300,000

350,000

400,000

2001 2002 2003 2004 2005 2006 2007 2008

378,852

209,000

ICE’s budget for custody operations nearly doubled between 2005 and 2009.

2.54

1.77

1.22

2.482.38

1.981.65

1.381.16

0.86

1.65 1.72

0.0

0.5

1.0

1.5

2.0

2.5

3.0

FY 2005 2006 2007 2008 2009 2010

$ in billions

Detention and Removal Operations (DRO)

Custody Operations

ICE “Area of Responsibility”Local officials in the field enter information on apprehended/ detained individuals at an ENFORCE work station.

Enforcement Integrated Database (EID)EID contains records related to arrest (EABM), case processing (EARM), and detention (EADM).

ENFORCE Alien Removal Module

(removal application)

ENFORCE Alien Booking Module

(booking application)

ENFORCE Alien Detention Module

(detention application)

Enforcement Database and Case Tracking System (ENFORCE)

Database Background

• Source: ICE detainee data obtained through a FOIA request by Associated Press Reporter Michelle Roberts

• Date: January 25, 2009• Number of Detainees: 32,000• Number of facilities: 286• Number of countries of origin: 177 (Mexico‐

37%, Central America‐28%, the Carribean‐7%)• Percentage of women: 9%

On January 25, 2009, ICE held 32,000 detainees in 286 facilities around the country.

Looking at detention facilities by type…

-State Prisons and Local Jails

(IGSA)68%

-Contract Detention Facilities

17%

-Others 3%

-Service Processing

Centers10%

-Federal Bureau of Prisons

2%

Nearly 70 percent of detainees were held in IGSA facilities.

EmeraldCompaniesIGSA2001529TXRolling Plains Detention Center

GEOCDF2002538FLBroward Transitional Center

N/AIGSAmid-1990s 606PAYork County Jail

N/Afederal BOP1986631LAOakdale Federal Detention Center

N/ASPC-641TXPort Isabel SPC

CCACDF1998654CAOtay Detention Facility

N/ASPC1967764TXEl Paso SPC

CCACDF1984808TXHouston Contract Detention Facility

MTCIGSA2008865NMOtero County Processing Center

CECIGSA-879TXPolk County Jail

GEOCDF2004959WANorthwest Detention Center

GEOIGSA2007966LAJena/Lasalle Detention Facility

MTCIGSA20061,291TXWillacy County Detention Center

N/AIGSA-1,357CAMira Loma Detention Center

GEOCDF20051,387TXSouth Texas Detention Complex

CCAIGSA19941,526AZEloy Federal Contract Facility

CCAIGSA20061,757GAStewart Detention Center

16,158Sub-total of 17 facilities

PrivateContractor

FacilityType

YearOpened

# ofDetaineesStateDetention Facility

Selected Detention Facilities with More than 500 Detainees

Of the 16,158 detainees held in the 17 most immigrant populated facilities, 75% were held in facilities managed

by private contractors.

75% managed by private contractors

60% IGSA

27% CDF

9% SPC

4% Federal BOP

For-profit prisons play an important role in managing ICE detention facilities (both directly and through IGSAs)

1,7929922,362At least180 days

742316570At least 365 days

1,0506761,792180-365 daysin detention

1,5791,2662,48690-180 days inDetention

7,4008,51313,842< 90 days

Number of Detainees by Detention Length114 days72 days81 days

(3)(2)(1)Averagedetentionlength

10,77118,690Total

Post-removalorder detainees

Pre-removal order detainees

Length of Detention by Final Order Status

(Note: See Report Pg. 18 for additional notes)

Examples of Lengthy Detention

• A Vietnamese man without a criminal record was booked into a Columbia Care Center on March 24, 2000 and since then had been detained for 3,230 days.

• A Mexican man has been “detained” in an Econo Lodge motel in Washington State for 319 days as of January 25, 2009.

• Four Honduran boys, age unknown, had been in a foster care center in Houston for at least 200 days.

3%341Weapon Offense

20%2,684Other

3%365Fraudulent Activities

3%443Sexual Assault

3%443Burglary

4%549Robbery

4%573Larceny6%812Immigration

10%1,329Assault

13%1,738Traffic

30%4,033Dangerous Drugs

Criminal charges by Offense Classifications42%13,310Detainees with Criminal Convictions

58%18,690No Criminal Convictions

100%32,000Total Detainees

Most Detainees were non-criminals

Sources

For full list of sources, please refer to the notes

in the original report:

Kerwin, Donald and Serena Yi‐Ying Lin, 2009. Immigration Detention: Can ICE Meets Its Legal Imperatives and Case Management Opportunities?Washington, DC: Migration Policy Institute. http://www.migrationpolicy.org/pubs/detentionreportSept1009.pdf.

Suggested PowerPoint Citation:Kerwin, Donald and Serena Yi‐Ying Lin, 2009. Immigration Detention: Can ICE Meets Its Legal Imperatives and Case Management Opportunities?PowerPoint presentation. Washington, DC: Migration Policy Institute.