Family Detention
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Family detention is the detention of multiple family members together in an
immigration detention Immigration detention is the policy of holding individuals suspected of visa violations, illegal entry or unauthorized arrival, as well as those subject to deportation and removal until a decision is made by immigration authorities to grant a vi ...
context. In the U.S. they are referred to as family detention camps, family detention centers, or family detention facilities. Families crossing the United States border without a visa or other papers demonstrating they are admissible to the country are currently subject to detention by Customs and Border Protection. The U.S.
Department of Homeland Security The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terr ...
defines only those children traveling with their parents or legal guardians as part of "family units" and all other children as "unaccompanied minors." Adults traveling with children are required by Customs and Border Protection to verify their legal or biological parentage, and if they cannot, the children are deemed unaccompanied. As a result, children traveling with grandparents, adult siblings, and aunts and uncles are separated and referred to the
Unaccompanied Alien Children Unaccompanied Alien Children (or UAC, also referred to as unaccompanied alien minors or UAMs) is a United States government classification for children in immigration custody and the name of a program operated by the Office of Refugee Resettlement ...
program. Since 2017, the government separated some children from their parents as well under a
family separation policy The United States family separation policy under the Trump administration was presented to the public as a "zero tolerance" approach intended to immigration policy of Donald Trump, deter illegal immigration and to encourage tougher legislati ...
, although this policy was officially rescinded in June 2018. As of December 2021, under the Biden administration, family immigration detention is no longer being used.


History

In 2014 the
Obama administration Barack Obama's tenure as the 44th president of the United States began with his first inauguration on January 20, 2009, and ended on January 20, 2017. A Democrat from Illinois, Obama took office following a decisive victory over Republican ...
opened new family detention centers in the United States. At the time there was only one government-operated facility, which was located
York County, Pennsylvania York County ( Pennsylvania Dutch: Yarrick Kaundi) is a county in the Commonwealth of Pennsylvania. As of the 2020 census, the population was 456,438. Its county seat is York. The county was created on August 19, 1749, from part of Lancaster ...
. In 2015, intact families were not regularly separated at the United States border. In February 2016, the designation Family Unit Aliens or FMUA was introduced. The majority of families apprehended at the border were not linked to fraud according to an official within
U.S. Customs and Border Protection United States Customs and Border Protection (CBP) is the largest federal law enforcement agency of the United States Department of Homeland Security. It is the country's primary border control organization, charged with regulating and facilit ...
. In July 2016, the
United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
upheld a lower court's decision (in July 2015, by Judge
Dolly Gee Dolly Maizie Gee (born July 1, 1959) is a United States district judge of the United States District Court for the Central District of California. Early life and education Gee was born in Hawthorne, California, the daughter of Cantonese immi ...
) to quickly release child migrants from family detention even when accompanied by a parent. In 2017 and 2018, the number of family units (groups of at least one adult and at least one child) from
Guatemala Guatemala ( ; ), officially the Republic of Guatemala ( es, República de Guatemala, links=no), is a country in Central America. It is bordered to the north and west by Mexico; to the northeast by Belize and the Caribbean; to the east by H ...
and
Honduras Honduras, officially the Republic of Honduras, is a country in Central America. The republic of Honduras is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Oce ...
detained by the U.S. increased, as families fled gang violence and instability in
Central America Central America ( es, América Central or ) is a subregion of the Americas. Its boundaries are defined as bordering the United States to the north, Colombia to the south, the Caribbean Sea to the east, and the Pacific Ocean to the west. ...
. In March 2021, shortly after Joe Biden became President, ICE announced that no families were being held at the Berks County Residential Center any more, and that the detention center would no longer be used for family detention. The other two family detention centers, Dilley and Karnes, were now to be used only for holding families for short, three-day periods. In December 2021, ''
Axios Axios commonly refers to: * Axios (river), a river that runs through Greece and North Macedonia * ''Axios'' (website), an American news and information website Axios may also refer to: Brands and enterprises * Axios, a brand of suspension produ ...
'' reported that ICE would stop engaging in family detention for the time being, and officials confirmed this.


Families detained by Customs and Border Protection

Customs and Border Patrol (CBP), an agency of the
Department of Homeland Security The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terr ...
, holds immigrant families after their initial arrest. Under departmental standards, CBP should transfer them to Immigration and Customs Enforcement within 72 hours, but in 2019, many such families are being held for weeks in CBP custody. On June 13, 2019, the government reported that 4,865 members of "family units" were held by the CBP.


Family detention centers in the United States

The
U.S. Immigration and Customs Enforcement The U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from the cross-border crime and illegal immigration tha ...
contracts with several facilities to detain families with children. The General Accounting Office reports that the 3 active facilities have a combined capacity of 3,326 people. Active family detention centers include: * South Texas Family Residential Center in
Dilley, Texas Dilley is a city in Frio County, Texas, United States. The population was 3,894 at the 2010 census. It is located off Interstate 35 south of the county seat in Pearsall. Geography Dilley is located in southern Frio County at (28.670824, –9 ...
. This privately owned center is operated by CoreCivic (formerly the Corrections Corporation of America). The facility can hold 2,400 people and had 2,000 inmates in early June 2018. As of June 18, 2019, the Dilley facility held 1,628 family members in detention. * Berks County Residential Center in
Leesport, Pennsylvania Leesport is a borough in Berks County, Pennsylvania. The population was 1,918 at the 2010 census. Geography Leesport is located at (40.443893, -75.968137). According to the U.S. Census Bureau, the borough has a total area of , of which is lan ...
. This county-operated facility opened in 2011 as a 96-bed facility with space for 200 people. It was 59% full in early June 2018. ICE reported 9 people being held in April 2019. In June 2019, Pennsylvania's Auditor General opened an investigation into reports of sexual abuse, inadequate health care, and other human rights abuses in the facility. In March 2021, the detention center was shut down for family detention. * Karnes County Residential Center (KCRC) in
Karnes City, Texas Karnes City is a city in and county seat of Karnes County, Texas, United States. The population was 3,111 at the 2020 census, up from 3,042 at the 2010 census. The town was named after Henry Karnes of the Texas Revolution. Karnes is sout ...
. This privately operated center is run by the
GEO Group The GEO Group, Inc. (GEO) is a publicly traded C corporation that invests in private prisons and mental health facilities in North America, Australia, South Africa, and the United Kingdom. Headquartered in Boca Raton, Florida, the company's f ...
. The facility opened in 2012, and was designated a family residential unit in 2014. The facility can hold 830 people and was 66% full in early June 2018. In March 2019, ICE moved to repurpose the Karnes County facility to primarily hold adult women; its family detention population was reduced from 563 people in early March to 25 people in April. In June 2019, ICE reported that the facility would be adults-only "at least through July."


Former family detention facilities

Former family detention centers include: * T. Don Hutto Residential Center in
Taylor Taylor, Taylors or Taylor's may refer to: People * Taylor (surname) **List of people with surname Taylor * Taylor (given name), including Tayla and Taylah * Taylor sept, a branch of Scottish clan Cameron * Justice Taylor (disambiguation) Plac ...
,
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
. This privately-owned center is operated by CoreCivic (formerly the Corrections Corporation of America). The facility opened in May 2006, and housed 400 immigrants including 170 children in February 2007. ICE used the facility for family detention until 2009. The American Civil Liberties Union filed a lawsuit in Federal court objecting to conditions at Hutto. Under terms of a 2009 settlement, ICE no longer holds children at Hutto, but continues to detain adult immigrant women at the facility. * Artesia Family Residential Center in
Artesia, New Mexico Artesia is a city in Eddy County, New Mexico, centered at the intersection of U.S. routes 82 and 285; the two highways serve as the city's Main Street and First Street, respectively. As of the 2010 census, the city population was 11,301. Hist ...
. A government-operated facility on the premises of the Federal Law Enforcement Training Center that operated from June 2014 to December 2014, with space for 700 people. On November 20, 2014, the government announced it would transfer remaining detainees to the center in Karnes City, Texas. During the facility's operation, the Department of Homeland Security implemented a "no bond or high bond" strategy to make it difficult for women to leave the facility while awaiting immigration hearings.


Proposed family detention facilities

Executive Order 13841, signed on June 20, 2018, instructs that, "The Secretary of Defense shall take all legally available measures to provide to the Secretary, upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law." On June 21, the Department of Health and Human Services requested facilities to house migrant children. Pentagon spokesmen and a memorandum sent to Congress confirmed that the
Department of Defense Department of Defence or Department of Defense may refer to: Current departments of defence * Department of Defence (Australia) * Department of National Defence (Canada) * Department of Defence (Ireland) * Department of National Defense (Philippin ...
was preparing facilities at four military bases in Texas and Arkansas to house 20,000 "
unaccompanied alien children Unaccompanied Alien Children (or UAC, also referred to as unaccompanied alien minors or UAMs) is a United States government classification for children in immigration custody and the name of a program operated by the Office of Refugee Resettlement ...
." *
Fort Bliss Fort Bliss is a United States Army post in New Mexico and Texas, with its headquarters in El Paso, Texas. Named in honor of William Wallace Smith Bliss, LTC William Bliss (1815–1853), a mathematics professor who was the son-in-law of President ...
, near
El Paso, Texas El Paso (; "the pass") is a city in and the county seat, seat of El Paso County, Texas, El Paso County in the western corner of the U.S. state of Texas. The 2020 population of the city from the United States Census Bureau, U.S. Census Bureau w ...
—On June 25, 2018 the Associated Press reported that Fort Bliss had been chosen to house migrant families. *A large tent facility was being built at the Border Patrol Station in
Northeast El Paso Northeast El Paso is part of the city of El Paso, Texas and is located north of Central El Paso, and east of the Franklin Mountains (Texas), Franklin Mountains. Its southern boundary is variously given as Fred Wilson Boulevard or Cassidy Road and ...
on Hondo Pass in April 2019.


See also

* Flores Agreement *
Muamar family detention incident The Muamar family detention incident occurred very early on the morning of June 24, 2006, in the first arrests of Palestinian people, Palestinians in the Gaza Strip by Israeli Defence Forces (IDF) since the Israeli disengagement from Gaza one year ...
(Israel) * South Texas Family Residential Center and
T. Don Hutto Family Detention Facility The T. Don Hutto Residential Center (formerly known as T. Don Hutto Family Residential Facility, and the T. Don Hutto Family Detention Facility) is a guarded, fenced-in, multi-purpose center currently used to detain non-US citizens awaiting the outc ...
(Texas, United States) *
Trump administration family separation policy The United States family separation policy under the Trump administration was presented to the public as a "zero tolerance" approach intended to deter illegal immigration and to encourage tougher legislation. In some cases, families followi ...
*
Unaccompanied Alien Children Unaccompanied Alien Children (or UAC, also referred to as unaccompanied alien minors or UAMs) is a United States government classification for children in immigration custody and the name of a program operated by the Office of Refugee Resettlement ...


References

{{coord missing, United States Family in the United States Internments in the United States Immigration detention centers and prisons in the United States