Center on Sentencing and Corrections

ICE's New Policy on Segregation and the Continuing Use of Solitary Confinement within the Context of International Human Rights

ICE's New Policy on Segregation and the Continuing Use of Solitary Confinement within the Context of International Human Rights

Dávila-Ruhaak, Sarah. “ICE’s New Policy on Segregation and the Continuing Use of Solitary Confinement within the Context of International Human Rights.” The John Marshall Law Review 47, no. 4 (2014): 1433-451.

In recent years, the number of immigrants detained by ICE has risen dramatically. Nearly half of those detained are isolated for 15 days or more. The purpose of this article is to “discuss ICE Policy 11065.1 on segregation, its deficiencies and its unlikely full implementation, and emphasize that the current use of solitary confinement in immigration detention is in contravention of international human rights principles.” The author details the physical and psychological effects that result from the use of solitary confinement; the U.S. standards regulating the use of solitary confinement within the immigration detention context; and the reality of the use of solitary confinement in detention centers. The international legal standards and protections afforded to detained immigrants, and how the current solitary confinement standards and practices are in contravention of human rights norms, are also discussed.

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Key words: immigration detention, ICE, solitary confinement, detention centers, segregation, prison isolation, human rights