New Human Rights First Factsheet on Dangers of Mandatory Detention

Human Rights First has published a new factsheet on how mandatory detention.

Some major points made in the factsheet include:

• Mass detention of asylum seekers violates international human rights and refugee law the United States is bound to uphold that prohibits detention that is unreasonable, unnecessary, disproportionate, or otherwise arbitrary and bars governments from imposing penalties based on asylum seekers’ manner of entry or unlawful presence in a country.

• Immigration detention is rife with sexual, physical, and verbal abuse, punitive use of solitary confinement, denials of basic necessities, and medical neglect even resulting in death, and separates families.

• Immigration detention produces less fair outcomes, undermining the due process rights of people seeking asylum and their ability to fully pursue their claims.

• Immigration detention is not necessary: In Fiscal Year 2023, 99.5% of all people whose asylum cases were decided by immigration judges appeared for their hearings, with only .5% of people seeking asylum in removal proceedings failing to appear for their hearings.

• Detention costs taxpayers billions, which goes straight into the coffers of private prison companies. Instead, proven case support programs run by community-based organizations ensure the wellbeing of those fleeing persecution and harm by allowing individuals and families to safely live with family and friends while they attend court proceedings and best prepare their asylum cases.

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