How Biden Can Act Now to Limit Trump’s Mass Deportation Agenda

President-elect Donald Trump has made mass detention of immigrant communities a central part of his political platform. Trump’s cabinet nominees are reportedly laying the groundwork to expand detention capacity in cities around the country. The Trump administration's proposed plans include making detention mandatory, which would trap immigrants in abusive, inhumane conditions for years as they fight deportation.

Immigration detention, or civil detention for those awaiting a determination of their immigration status or deportation, must be limited. Right now President Joe Biden can act to limit mass detention of immigrants by closing Immigration and Customs Enforcement (ICE) detention facilities with egregious records of human rights violations and abuses and halt further detention expansion.

The Facts

During the last Trump presidency, ICE opened more than 40 new detention facilities, with the vast majority owned or operated by private prison corporations, whose business model depends on locking up more people and are ultimately accountable to their bottom line.

Earlier this summer, President Biden directed ICE to issue Requests for Information (RFIs) and contract solicitations to identify new detention facilities to allow for a possible expansion of immigration detention across the country. These RFIs and contract solicitation indicated that ICE is considering expanding detention in at least 17 states.

Right now ICE detains approximately 37,000 people each day. These numbers exceed its annual budget and congressionally-approved detention levels. Efforts to expand the mass detention machine would lay the groundwork for future administrations to continue to abuse its detention powers, especially with the support of the next Trump administration.

Why It Matters

Immigration detention has become another system of mass incarceration for Black and Brown people in the United States. It is also often inhumane. Congress, government oversight agencies, the media, and advocacy groups have documented widespread abuse in immigration detention centers, including use of force, sexual assault, and solitary confinement. In the past four years alone, at least 43 people have died in ICE custody. A recent ACLU study showed that 95 percent of deaths in ICE custody were likely preventable had ICE provided adequate medical and mental health care.

These abusive conditions come at an immense cost to taxpayers, while lining the pockets of private prison corporations. Nearly 90 percent of people in ICE detention are held in facilities owned or operated by private prison companies. In 2022, the GEO Group made $1.05 billion in revenue from ICE contracts alone. President Trump intends to continue funneling money to these private corporations. His proposed immigration policies are by far crueler, more extreme, and more fundamentally damaging to core rights and freedoms than any in living memory, including his own 2017-21 policies. Mass raids and deportations, detention camps, and other extreme measures create terror in our communities and do nothing to make our immigration system function more effectively.

Our Roadmap

The ACLU is calling on President Biden to close detention facilities and halt ICE’s current detention expansion plans. These steps are vital to protect communities from the planned enforcement agenda of the incoming administration. They are also vital to saving lives and preventing abuses against people in ICE custody, often committed by for-profit prison companies. ICE should also immediately rescind all outstanding requests for information or proposals for detention expansion.

What Our Experts Say

“Immigration detention is cruel, unnecessary, and risky. President Biden must act now to do all that he can now to prevent full-scale attacks against vulnerable immigrant communities.” -- Eunice Cho, senior staff attorney, ACLU National Prison Project

What You Can Do Today

President Biden can stop the expansion of immigration detention facilities and close abusive detention facilities once and for all. Urge him to do so today.

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