NCJ Number
247370
Date Published
November 2013
Length
28 pages
Annotation
This report by the Center for American Progress assesses the treatment of lesbian, gay bisexual, and transgender (LGBT) undocumented immigrants being held in immigration detention, and recommendations are offered for improving their conditions of confinement and limiting the use of detention.
Abstract
LGBT immigrants in immigration detention facilities face an increased risk of abuse and victimization during their confinement. The effort to ensure their personal safety generally consists of administrative segregation or solitary confinement, often for up to 6 months. This report documents the abuse the LGBT immigrants face in immigration detention; the steps that Immigration and Customs Enforcement (ICE) has taken to address this abuse; and the impact that pending legislation before Congress would have on immigration enforcement. Recommendations focus on ensuring that the enforcement of immigration laws are administered effectively and humanely. Recommendations include increasing the use of alternatives to detention; basing the detention decision on individualized case screening, which can be reviewed by an immigration judge; codifying and mandating humane detention conditions, with independent oversight; conducting legal orientation programs in all immigration detention facilities; requiring access to counsel for immigrants in removal proceedings; restoring discretion to immigration judges; and enforcing Prison Rape Elimination Act (PREA) standards in immigration detention facilities.