TO DETAIN OR NOT TO DETAIN: THE LEGAL, FINANCIAL, AND HUMANITARIAN RAMIFICATIONS OF DETAINING ALL MIGRANTS WITHOUT A LAWFUL STATUS

This thesis analyzes the implications—legal, financial, and humanitarian—arising from immigrant detention in the United States. The methods used are as follows: legal analysis, both international and domestic; cost analysis of Immigration and Customs Enforcement (ICE) facilities and private prisons; and comparative analysis of actual immigrant detention conditions to international norms and ICE’s self-imposed standards. This thesis finds the following: immigrant detention is legal in the United States with limited constitutional protections; the financial costs for immigrant detention are difficult to estimate accurately; U.S. immigrant detention practices appear to violate international norms; and ICE’s self-imposed standards are hard to meet. This thesis concludes policies that more clearly define the requirements for immigrant detention in the United States should be limited in use and scope. Furthermore, the U.S. government should either implement new laws and regulations or modify existing ones to establish a more consistent standard regarding which migrants without a lawful status should be detained pending criminal or administrative proceedings.Civilian, Department of Homeland SecurityApproved for public release. Distribution is unlimited