A federal court has just ruled that detainees held for long periods in immigration detention facilities must be given hearings. For advocates, this ruling brings the treatment of detainees closer to parity and could reduce the length of time detainees spend in detention who do not have any criminal history or are not flight risks. This ruling came after several complaints were raised with regards to the conditions faced by immigrants detained in many of the detention facilities; some of the complaints included overcrowding and a lack of medical care.
Supporters think lengthy detention can cause serious mental and physical harm, especially to individuals who have been convicted of no crime. They believe this decision will cure this in part by giving detainees faster access to a review of the detention status. Opponents say it could mean more people skipping out on immigration court hearings. That detention is a significant way of making sure people show up in court when they are required to, particularly when there are questions about their immigration status.
Civil rights groups, however, continue to argue that less expensive alternatives to detention, either electronic monitoring or work function and have been tried and used with efficiency, putting into place accountability while upholding the detainees' rights. This court order now dares the government to enforce the decree, a realignment of priorities and a breaking of traditional protocols. It is one of the major changes in immigration detention under the federal system and illustrates how human rights demands are beginning to be an ever higher influence in shaping the immigration policies.
The decision has rekindled debate about the morality and efficacy of detention as a key tool of immigration enforcement. With the two sides dug in, contentious detention practices are certain to endure, perhaps inviting further courts' review. For the present, the ruling represents something of a landmark victory for immigrant rights groups and a turn back in the direction of humane detention practices.
Leave a comment!