Should ICE be allowed to police itself?

Immigrants in the custody of Immigration and Customs Enforcement (ICE) are among the country’s most vulnerable detainees. Many speak little English, and fear retribution if they report sexual or physical abuse.

But a proposed rule released in January by the Department of Justice excluded them from the expanded federal protections against sexual abuse or harassment of prisoners under PREA, passed unanimously in 2003.

The proposed rule shocked civil liberties and immigrant rights advocates, said Joanne Lin, legislative counsel with the American Civil Liberties Union (ACLU).

But can ICE effectively police its far-flung facilities—many of which are operated by private companies or local law enforcement?

The problem was recognized by the 2009 report produced by the commission appointed to formulate national standards for the law. After five years of study, the commission called for a zero-tolerance policy for sex and sexual assault, limitations on cross-gender pat-downs and greater protections for juveniles in detention, among others.

Recommendations included special protections for ICE detainees, such as measures to assure they were separated from the general population in jails, to offer them access to counseling and to provide better access to outside groups for reporting.

“Because immigration detainees are confined by the agency with the power to deport them, officers have an astounding degree of leverage,” the commissioners wrote. “The fear of deportation cannot be overstated and also functions to silence many individuals who are sexually abused.”

ICE’s new standards, originally slated to be enacted in 2010, have been delayed several times. Just Detention International, a Washington-based advocacy group that works to halt sexual abuse in custody, said the most recent public draft of the standards falls short of what is needed to keep detainees safe.

Among the shortcomings highlighted by Just Detention: they do not detail how a detainee can report abuse; they don’t provide confidential support services for victims; and they don’t provide for outside audits.
http://www.thecrimereport.org/news/inside-criminal-justice/2011-12-can-ice-police-itself