Protect the Rights of Detained Immigrants and Advocate for Alternatives to Detention
Adopted at the in 2021
WHEREAS, according to ICE statistics, there are nearly 27,000 individuals currently detained under the civil immigration detention system; and
WHEREAS, recent national events exposed breaches of health, safety, civil rights, and human dignity in federal immigration detention facilities operated by the U.S. Department of Homeland Security (DHS) and its private contractors at sites across the country; and
WHEREAS, reports revealed that ICE detention facilities with confirmed cases of COVID-19 faced challenges in complying with protocols or processes that protected staff and detainees such as quarantining detainees, practicing social distancing, and wearing necessary protective gear; and
WHEREAS, there are reports indicating that immigration detention facilities have failed to adequately protect detainees from public health threats, including COVID-19, violence, and sexual harassment and assault; and
WHEREAS, there is significant public concern regarding the treatment of immigrants in detention centers and those seeking asylum or other forms of humanitarian protection in our country, especially migrant children; and
WHEREAS, members of Congress have reintroduced the Dignity for Detained Immigrants Act (S. 1186), which would end the use of private detention facilities altogether, repeal mandatory detention, stops family detention, prohibit solitary confinement, and promote community-based alternatives to detention; and
WHEREAS, members of the House of Representatives have reintroduced the New Way Forward Act (H.R. 536), which would roll back harmful immigration laws that result in racial profiling, disproportionate incarceration, deportation, and separation of immigrant families and communities of color, including ending mandatory immigration detention and banning for-profit jails; and
WHEREAS, members of Congress have introduced the Funding Attorneys for Indigent Removal (FAIR) Proceedings Act (S. 901), which guarantees access to legal counsel during removal proceedings for vulnerable groups and requires legal orientation programs be available for all people in immigration detention to have access to information about their rights and immigration options; and
WHEREAS, members of Congress have introduced the Protection of Kids in Detention Act or PROKID Act (H.R. 1238), which stops family separation and guarantees through legislation the rights of children held in government custody and requires that immigrant children be held in the least restrictive setting,
NOW, THEREFORE, BE IT RESOLVED, that The United States Conference of Mayors supports the Dignity for Detained Immigrants Act of 2021, New Way Forward Act, FAIR Proceedings Act, and PROKID Act and urges Congress to pass this legislation to directly address issues with our immigration detention system; and
BE IT FURTHER RESOLVED, that we urge Congress and the Administration to restore due process for all those in immigration detention by providing the federal resources necessary to facilitate swift judicial review of these cases, including legal counsel and guidance; and
BE IT FURTHER RESOLVED, that The United States Conference of Mayors urges the U.S. Department of Homeland Security to apply a long-existing range of alternatives to detention, particularly for asylum seekers and for certain other populations with strong community ties and robust incentives to appear in immigration court.