Senator Murray, Colleagues Urge ICE and DHS to End Misuse of Solitary Confinement in Immigration Detention

Letter

Dear Secretary Mayorkas and Acting Director Lechleitner,

“We are deeply concerned with findings that U.S. Immigration and Customs Enforcement (ICE) continues to violate its own policies related to solitary confinement. Studies have long shown that solitary confinement is an inhumane practice that leads to irreparable mental and physical harm. The Department of Homeland Security (DHS) must end the misuse of solitary confinement in immigration detention, particularly for individuals with mental health or chronic medical conditions, LGBTQ+ individuals, and other vulnerable populations. DHS should discontinue the use of solitary confinement as a form of discipline in ICE detention and establish meaningful alternatives to solitary confinement that would phase out its use. At a minimum, DHS and ICE must issue binding rules limiting its use of solitary confinement and follow them.

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Solitary confinement carries severe adverse health effects, including the risks of permanent brain damage, hallucinations, confusion, heart palpitations, disrupted sleep, and reduced cognitive function. It also can trigger PTSD, self-harm, and suicide. For those with a preexisting mental illness, being put into solitary confinement can worsen symptoms. Given that solitary confinement has been shown to present a significant risk of substantial psychological, emotional, and even physical harm, we are concerned that ICE’s solitary confinement practices may also constitute cruel and unusual punishment in violation of the U.S. Constitution.

Under no circumstances should ICE use solitary confinement as a form of discipline in civil immigration detention. ICE should also prioritize vulnerable individuals for release into post-release care plans whenever appropriate, rather than placing them in solitary confinement in the first place. New practices must also ensure that those in solitary confinement receive the same rights as others in ICE detention, including the same access to counsel, telephones, visitation, food, and hygiene.

To help us and the public better understand ICE’s solitary confinement practices and DHS’s oversight of ICE with respect to solitary confinement, we ask that you provide written responses to the following questions by April 5, 2024: 1. What steps do DHS and ICE plan to take to limit solitary confinement, including establishing meaningful alternatives to solitary confinement and phasing out its use in immigration detention, except in exigent circumstances? 2. For each full calendar year since 2017, how many times has ICE placed individuals in solitary confinement? Please include in your response: a. the median and mean lengths of time in solitary confinement; b. the percentage of individuals placed in solitary with special vulnerabilities, with a breakdown by type of vulnerability (HIV positive, mental health conditions, medical conditions, suicide risk, victim of sexual assault, or other vulnerability); and c. the percentage of individuals placed in solitary held in each of the following: (i) ICE service processing centers, (ii) contract detention facilities, and (iii) Intergovernmental Service Agreement facilities. 3. What barriers do DHS and ICE face in documenting alternatives to solitary confinement? 4. Since 2013, what steps has ICE taken to comply with its internal guidance governing solitary confinement? 5. What steps has ICE taken to respond to the recommendations of the Government Accountability Office and the DHS Inspector General in the reports cited above?

Thank you for your attention to this important matter."

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