Jailed without justice: Immigration Detention in the USA

Published: March 1, 2009

CONTENTS

1. Introduction 3
2. Immigrants’ Rights are Human Rights 11
3. Right to Review of Detention and Options for Release 13
3.1 Immigrants and asylum seekers detained at the border 13
3.2 Immigrants and asylum seekers apprehended inside the United States 15
3.2.1 Immigration Judge Review 16
3.2.2 Exorbitant Bonds 17
3.3 Mandatory Detention 18
3.3.1 People Who Should Not Be in Detention at All But Are Subject to Mandatory Detention 20
3.4 Indefi nite Detention 24
3.5 Right to Habeas Corpus Review 25
4. Alternatives to Detention 27
5. Conditions of Detention 29
5.1 Access to Assistance and Support: Safeguards Relating to Detention 30
5.1.1 Access to lawyers 30
5.1.2 Access to information and other forms of assistance in detention 32
5.1.3 Translation and Interpretation Services 34
5.1.4 Access to attorneys and relatives 34
5.1.5 Access to telephones 35
5.2 Conditions of Detention 37
5.2.1 Housing with Detainees Convicted of Crimes 37
5.2.2 Inappropriate and excessive use of restraints 37
5.2.3 Medical Treatment 39
5.2.4 Exercise 41
5.2.5 Physical and Verbal Abuse 42
6. Recommendations 44
Endnotes 47

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