#FreedomForAll

During the U.S. ”war on drugs,”[3] toxic narratives made it harder for migrants to come to the U.S. because of a rising, racist fear that migrants from Latin America were bringing drugs and crime into the U.S. The association between Latinx immigrants, crime, and drugs remains today.

In 1996, anti-immigrant laws were passed[4] with the false belief that they would provide security and would be “tough on crime,” even though there has been no credible connection between immigrants and crime. The key law that was passed was the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). IIRIRA eliminated defenses against deportation and created barriers for legalization. The law made it easier for the government to deport immigrants, and expanded who could be detained and deported, leading to lawful permanent residents being deported. It also made it more difficult for people fleeing from persecution to apply for asylum. The list of criminal convictions that result in deportation was also expanded, meaning relatively minor, non-violent crimes would lead to deportation and family separation.

The terrorist attacks against the U.S. on September 11, 2001[4] also stirred up anti-immigrant sentiment and laws. The U.S. government equated immigrants with terrorists, which led to the creation of the U.S. Department of Homeland Security and in turn, Immigration and Customs Enforcement (ICE). The government and the media portrayed immigration as a threat to the U.S., leading to anti-immigrant policies and sentiments. One of the most consequential immigration policies was created under Obama in 2011: Secure Communities. Secure Communities increased coordination between federal, state, and local law enforcement to detain and deport immigrants. It heightened racial profiling and unjustly deported millions of people.

Immigration detention is an inhumane response to what is a humanitarian issue and a natural phenomenon. There is continued and widespread mental[5], physical[6], and sexual[7] abuse that migrants experience within the detention aparatus despite widespread outcry.

Right now, under Biden, most detainees in immigration detention facilities are people who recently crossed the U.S.-Mexico border; many are seeking asylum or to be reunited with family in the United States. Because the United States has essentially shut down asylum at border ports of entry, asylum seekers are forced to cross the border in order to have a chance at making a case. The lack of an orderly asylum system at the border continues to fuel the detention and deportation machine.

Upon inauguration, the Biden administration signed an executive order to end the use of private prisons for people in federal criminal custody: but this does not apply to immigrant detention centers. However, private prison corporations are already finding loopholes to keep their facilities open and converting them into immigrant detention centers[8] for Immigration and Customs Enforcement. 

Despite the claims of anti-immigrant politicians and agencies, detention does nothing[9] for American security[10] and, on top of the vast human rights abuses occurring in detention facilities, it is a waste of $1.8 billion annually[11]. These funds on detention beds could be better spent on investing in immigrant communities including legal counsel, housing, health, transportation, education, and other programs to support immigrant families.