scholarly journals Detained during a Pandemic: Human Rights behind Locked Doors

2021 ◽  
Vol 10 (7) ◽  
pp. 276
Author(s):  
Justine N. Stefanelli
Keyword(s):  
Human Rights ◽  
Advocacy Groups ◽  
Private Companies ◽  
Immigration Detention ◽  
Legal Representation ◽  
Detention Centers ◽  
United States Immigration ◽  
States Immigration ◽  
Locked Doors ◽  
The U.S

Every year, thousands of people are detained in United States immigration detention centers. Built to prison specifications and often run by private companies, these detention centers have long been criticized by academics and advocacy groups. Problems such as overcrowding and lack of access to basic healthcare and legal representation have plagued individuals in detention centers for years. These failings have been illuminated by the COVID-19 pandemic, which has disproportionately impacted detained migrants. Against a human rights backdrop, this article will examine how the U.S. immigration detention system has proven even more problematic in the context of the pandemic and offer insights to help avoid similar outcomes in the future.

Preventing the Spread of COVID-19 in Immigration Detention Centers Requires the Release of Detainees

2021 ◽  
Vol 111 (1) ◽  
pp. 110-115
Author(s):  
William D. Lopez ◽  
Nolan Kline ◽  
Alana M. W. LeBrón ◽  
Nicole L. Novak ◽  
Maria-Elena De Trinidad Young ◽  
...  
Keyword(s):  
Control Strategies ◽  
The United States ◽  
Effective Control ◽  
Immigration Detention ◽  
Hygiene Practices ◽  
Detention Centers ◽  
Social Inequities ◽  
United States Immigration ◽  
States Immigration ◽  
Adults And Children

Immigration detention centers are densely populated facilities in which restrictive conditions limit detainees’ abilities to engage in social distancing or hygiene practices designed to prevent the spread of COVID-19. With tens of thousands of adults and children in more than 200 immigration detention centers across the United States, immigration detention centers are likely to experience COVID-19 outbreaks and add substantially to the population of those infected. Despite compelling evidence indicating a heightened risk of infection among detainees, state and federal governments have done little to protect the health of detained im-migrants. An evidence-based public health framework must guide the COVID-19 response in immigration detention centers. We draw on the hierarchy of controls framework to demonstrate how immigration detention centers are failing to implement even the least effective control strategies. Drawing on this framework and recent legal and medical advocacy efforts, we argue that safely releasing detainees from immigration detention centers into their communities is the most effective way to prevent COVID-19 outbreaks in immigration detention settings. Failure to do so will result in infection and death among those detained and deepen existing health and social inequities.

scholarly journals Suicide rates of migrants in United States immigration detention (2010–2020)

2021 ◽  
Vol 8 (3) ◽  
pp. 416-420
Author(s):  
Parsa Erfani ◽  
◽  
Elizabeth T Chin ◽  
Caroline H Lee ◽  
Nishant Uppal ◽  
...  
Keyword(s):  
United States ◽  
Immigration Detention ◽  
Suicide Rates ◽  
United States Immigration ◽  
States Immigration

A Right to Privacy and Confidentiality: Ethical Medical Care for Patients in United States Immigration Detention

2020 ◽  
Vol 48 (1) ◽  
pp. 161-168 ◽  
Author(s):  
Amanda M. Gutierrez ◽  
Jacob D. Hofstetter ◽  
Emma L. Dishner ◽  
Elizabeth Chiao ◽  
Dilreet Rai ◽  
...  
Keyword(s):  
United States ◽  
Homeland Security ◽  
Immigration Enforcement ◽  
Patient Privacy ◽  
Right To Privacy ◽  
Immigration Detention ◽  
Ethical Implications ◽  
United States Immigration ◽  
States Immigration ◽  
Privacy And Confidentiality

Recently, John Doe, an undocumented immigrant who was detained by United States Immigration and Customs Enforcement (ICE), was admitted to a hospital off-site from a detention facility. Custodial officers accompanied Mr. Doe into the exam room and refused to leave as physicians examined him. In this analysis, we examine the ethical dilemmas this case brings to light concerning the treatment of patients in immigration detention and their rights to privacy. We analyze what US law and immigration detention standards allow regarding immigration enforcement or custodial officers’ presence in medical exams and documentation of detainee health information. We describe the ethical implications of the presence of officers in medical exam rooms, including its effects on the quality of the patient-provider relationship, patient privacy and confidentiality, and provider's ability to provide ethical care. We conclude that the presence of immigration enforcement or custodial officers during medical examination of detainees is a breach of the right to privacy of detainees who are not an obvious threat to the public. We urge ICE and the US Department of Homeland Security to clarify standards for and tighten enforcement around when officers are legally allowed to be stationed in medical exam rooms and document detainees’ information.

scholarly journals THE ROLE OF IMMIGRATION DETENTION CENTERS IN THE PROTECTION OF THE HUMAN RIGHTS OF ASYLUM SEEKERS

2020 ◽  
Vol 2 (2) ◽  
pp. 1-13
Author(s):  
Andreas Agustinus Simamora ◽  
Surya Pranata
Keyword(s):  
Human Rights ◽  
Data Analysis ◽  
Asylum Seekers ◽  
Medical Personnel ◽  
Immigration Detention ◽  
Detention Center ◽  
Detention Centers ◽  
Inhibiting Factors ◽  
Collection Data ◽  
Food Needs

The mobility of foreigners in Indonesia is very numerous and varied. One of them is an asylum seeker who entered Indonesia without immigration documents. In handling immigration violations and to accommodate the asylum seekers, an Immigration Detention Center was formed to provide them with the fulfillment of human rights. This study aims to identify and analyze the Semarang Immigration Detention Center in fulfilling human rights for asylum seekers and to identify and analyze the supporting and inhibiting factors faced. This type of research uses sociological juridical and data analysis using a qualitative approach method. The research data were obtained through interviews and documentation. Meanwhile, the data processing is done through data collection, data presentation, data analysis, and conclusions. The Semarang Immigration Detention Center itself in fulfilling human rights for asylum seekers is carried out by providing structured programs, namely health check services, providing food needs and providing access to education for asylum seekers. Supporting factors are the Semarang Immigration Detention Center in collaboration with related parties, namely PKBI and the Hospital to provide human rights fulfillment for asylum seekers and the enthusiasm of asylum seekers who always participate in the programs and activities given. The inhibiting factors are the absence of medical personnel who are on standby 24 hours, the unavailability of a warehouse for storing medicines, and the language used in communication as well as the different tastes of the food menu for each detainee there.

scholarly journals Detention in Canada of asylum claimants for identity determination: a critical review of the literature pertaining to Canada’s immigration detention centres

2021 ◽  
Author(s):  
Nadjibullah Alamyar
Keyword(s):  
Human Rights ◽  
Critical Review ◽  
Review Of The Literature ◽  
International Human Rights ◽  
Immigration Detention ◽  
Canadian Charter ◽  
Detention Centers ◽  
Canadian Immigration ◽  
International Human ◽  
The Government

This paper maps the unconstitutionality of Canada’s legislation regarding asylum claimants. In particular, the paper examines the policies that allow asylum claimant’s detainment in the absence of identification. The aim of this study is twofold. First, it establishes through a meta-synthesis of the literature, gap that exist in the study of immigration detention centers. These studies clearly demonstrate that immigration detention centres are similar to prisons but significantly do not consider the constitutionality of identification requirements that subject asylum claimants to detention. Second, the study demonstrates through a human rights approach that Canadian policies which require refugees to prove their identity prior to claim adjudication violates the asylum claimant’s Charter and fundamental human rights. Canada’s approach, which makes asylum claimants responsible for proving their identity reintroduces the practice of reverse onus. Hence Canadian immigration policies enacted in 2001 (post-9/11), are in violation of the Canadian Charter of Rights and Freedom and in violation of international human rights laws. I suggest that if the government is serious about the human rights of asylum claimants it must create policies that ensure the protection of refugee rights in Canada.

Mental health of children held at a United States immigration detention center

2019 ◽  
Vol 230 ◽  
pp. 303-308 ◽  
Author(s):  
Sarah A. MacLean ◽  
Priscilla O. Agyeman ◽  
Joshua Walther ◽  
Elizabeth K. Singer ◽  
Kim A. Baranowski ◽  
...  
Keyword(s):  
Mental Health ◽  
United States ◽  
Immigration Detention ◽  
Detention Center ◽  
United States Immigration ◽  
States Immigration

scholarly journals Dreams and Nightmares. The Legal Legacy that Authorized Civil Detention Centers

2019 ◽  
Author(s):  
Aaron Moss ◽  
Steve Parks ◽  
Lori Shorr
Keyword(s):  
White Male ◽  
The United States ◽  
The Political ◽  
Nation State ◽  
Political Rights ◽  
Detention Centers ◽  
United States Immigration ◽  
States Immigration ◽  
Trump Administration

A study of the juridical and legislative creation of the United States immigration framework premised on a concept of the nation-state as protective of the white-male of property, with a case-study of its enactment through the policies of the Trump Administration. The essay concludes with a consideration of alternative governance structures to protect the political rights of citizens/non-citizens of a political state.

scholarly journals Detention in Canada of asylum claimants for identity determination: a critical review of the literature pertaining to Canada’s immigration detention centres

2021 ◽  
Author(s):  
Nadjibullah Alamyar
Keyword(s):  
Human Rights ◽  
Critical Review ◽  
Review Of The Literature ◽  
International Human Rights ◽  
Immigration Detention ◽  
Canadian Charter ◽  
Detention Centers ◽  
Canadian Immigration ◽  
International Human ◽  
The Government

This paper maps the unconstitutionality of Canada’s legislation regarding asylum claimants. In particular, the paper examines the policies that allow asylum claimant’s detainment in the absence of identification. The aim of this study is twofold. First, it establishes through a meta-synthesis of the literature, gap that exist in the study of immigration detention centers. These studies clearly demonstrate that immigration detention centres are similar to prisons but significantly do not consider the constitutionality of identification requirements that subject asylum claimants to detention. Second, the study demonstrates through a human rights approach that Canadian policies which require refugees to prove their identity prior to claim adjudication violates the asylum claimant’s Charter and fundamental human rights. Canada’s approach, which makes asylum claimants responsible for proving their identity reintroduces the practice of reverse onus. Hence Canadian immigration policies enacted in 2001 (post-9/11), are in violation of the Canadian Charter of Rights and Freedom and in violation of international human rights laws. I suggest that if the government is serious about the human rights of asylum claimants it must create policies that ensure the protection of refugee rights in Canada.

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