Skip to content
A Member of the Law Professor Blogs Network

Immigration Article of the Day: Extrajudicial Segregation: Challenging Solitary Confinement in Immigration Prisons

The Immigration Article of the Day is Extrajudicial Segregation: Challenging Solitary Confinement in Immigration Prisons by Felipe De Jesús Hernández.

The Essay was just published in the Harvard Law Review and available here.

This Essay first traces the evolution of immigration prisons leading to the contemporary use of solitary confinement. Second, the Essay examines how solitary confinement in immigration prisons is an extrajudicial segregation condoned and designed by courts and congressional plenary power. Third, the Essay examines the limited pathways that the U.S. government offers to advocates and lawyers to curtail the use of solitary confinement in immigration prisons. The Essay concludes by exploring harm-reduction legislative options and by advocating for abolishing solitary confinement entirely.

IE