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

In letter to DHS Secretary Mayorkas and ICE Acting Director Lechleitner, Murray and other Members press for answers on ICE's solitary confinement practices and ask DHS to establish meaningful alternatives to solitary confinement to phase out its use

Letter comes amidst serious concerns about use of solitary confinement at ICE facility in Tacoma; Murray has made clear the excessive use of solitary confinement is completely unacceptable and reiterated support for further investigation, also secured language to ensure stronger oversight of federal detention facilities in government funding bill

February report from Physicians for Human Rights found ICE has placed detained immigrants in solitary confinement more than 14,000 times between 2018 and 2023, with stays averaging 27 days-well exceeding the 15-day threshold UN human rights experts have found constitutes torture

Washington, D.C. - U.S. Senator Patty Murray (D-WA), Chair of the Appropriations Committee, joined Senator Ed Markey (D-MA) and other Senate colleagues in sending a letter to Department of Homeland Security (DHS) Secretary Alejandro Mayorkas and U.S. Immigration and Customs Enforcement (ICE) Acting Director Patrick Lechleitner calling for ICE to end the misuse of solitary confinement in immigration detention and establish meaningful alternatives that would phase out its use. The Members added that 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. In their letter, the lawmakers requested additional information on ICE's use of solitary confinement and the steps DHS and ICE plan to take to limit and phase out the practice.

The letter comes amidst serious concerns about the use of solitary confinement at the Northwest ICE Processing Center (NWIPC) in Tacoma, after the recent death of a 61-year-old detainee at the facility. In a statement on the death, Murray said that "reports of mistreatment, unsanitary conditions, and the excessive use of solitary confinement at the Tacoma immigrant detention center are completely unacceptable" and has reiterated her support for an investigation into the death from any oversight entity that has authority, in addition to the investigation that will be conducted by ICE's Office of Professional Responsibility and reviewed by DHS' Office of Civil Rights and Civil Liberties.

"We are deeply concerned with findings that U.S. Immigration and Customs Enforcement (ICE) continues to violate its own policies related to solitary confinement," Murray and other Members wrote in their letter to Secretary Mayorkas and Acting Director Lechleitner. "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."

A recent report from Physicians for Human Rights found that many immigrants the group interviewed were placed in solitary confinement while in detention over minor disciplinary offenses or "as a form of retaliation for participating in hunger strikes or for submitting complaints." The report also found that from 2018 to 2023, ICE placed people in solitary confinement more than 14,000 times-leaving them in a cell without human contact for more than 22 hours per day. Once in solitary confinement, individuals have endured additional punishment, including being denied access to legal visits, receiving reduced portion sizes at meals, and being forced to sleep on cement or steel platforms.

"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," the Members continued.

"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," the Members wrote.

The senators also requested answers to the following questions by April 5, 2024:

1. What steps does ICE plan to take to limit solitary confinement, including establishing meaningful alternatives to solitary confinement and phasing out its use in immigration detention?
2. For each full calendar year since 2017, how many times has ICE placed individuals in solitary confinement?
3. What barriers does 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?

In addition to Murray and Markey, U.S. Senators Cory Booker (D-NJ), Laphonza Butler (D-CA), Maria Cantwell (D-WA), Dick Durbin (D-IL), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Alex Padilla (D-CA), Bernie Sanders (I-VT), Elizabeth Warren (D-MA), and Peter Welch (D-VT) also signed onto the letter.

Senator Murray is an original cosponsor of the Dignity for Detained Immigrants Act, which would set humane standards for detention facilities, increase oversight to eliminate abuses, and better protect the civil rights of immigrant detainees, among other things. Additionally, as Appropriations Chair, Murray secured language in the Homeland Security Appropriations bill for fiscal year 2024-which was signed into law on March 23^rd-to ensure stronger oversight of federal detention facilities and provisions to increase transparency. Murray also fought to ensure the multitiered oversight infrastructure at DHS was funded in the final bills-pushing back against House Republicans' attempts to get rid of important oversight resources-and successfully secured a $5.25 million increase in funding for the DHS Office of Inspector General, which conducts unannounced inspections of ICE detention facilities across the country.

The full text of the letter is available HERE.

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