Biden Administration Under Pressure To Do More On Detention

On May 20th, the Biden administration announced that it would end the use of two controversial detention facilities used by Immigration and Customs Enforcement (ICE) in Georgia and Massachusetts. The decision was issued to ICE in a memo by Homeland Security Secretary Alejandro Mayorkas, noting that the move was the “first step” in addressing conditions in immigrant detention facilities. The announcement came as President Joe Biden faced mounting pressure after immigration advocates demanded he fulfill campaign promises on immigration detention. 

After more than 100 days in office, the Biden administration had yet to live up to many of its immigration campaign promises or take any meaningful steps to reform or end detention. This left many advocates frustrated with the President's handling of the issue and his interaction with activists who confronted him. 

During an appearance in Georgia in late April, Biden was confronted by immigration advocates demanding that he take action to close detention facilities used to detain immigrants. Biden’s speech was meant to commemorate his first 100 days in office, instead it served as a stark reminder of his failed campaign promises, specifically on ending the operation of private immigrant detention facilities. The protestors demanded that Biden “end detention now” and also appears to have shouted out the “Community not Cages” campaign spearheaded by Detention Watch Network. 

Biden responded to the demands by attempting to appease the protestors. "I agree with you. I'm working on it, man," Biden said. "Give me another five days." Many immigrant advocates took this as a sign that the administration was working on a major announcement involving private detention facilities and would reveal a plan within the following five days. 

"There should be no private prisons, period. None. Period ... Private detention centers: They should not exist, and we are working to close all of them.” Biden added.

Far from providing a real timeline or clarity about forthcoming policy changes, Biden skirted accountability or what seems an earnest acknowledgment of the issue. Though Biden’s response appears to have provided a ray of hope for forthcoming policy changes, the President later stated that he was, in fact, “teasing” the protestors. 

When asked about it during a White House briefing, Biden responded, “I was teasing about — you know, I can’t get — I have to get it passed.  And that’s what I — but I do support eliminating funding to private prisons.”

Biden’s comments were particularly hypocritical given that his original campaign promise included ending the use of for-profit prisons and immigration detention facilities, leading to him signing executive orders to end the use of private prisons in January. Critics have pointed out that Biden’s order has done little to stem issues related to mass incarceration and will likely result in individuals being transferred from private facilities to public ones, as opposed to being released. It is estimated that only 14,000 individuals nationwide are held in private, for-profit federal prisons.

Immigration advocates have long demanded that Biden live up to his campaign promise to end the use of private detention in the context of immigration detention and, in fact, end the use of detention as a whole.

Biden’s response to his broken campaign promises is arguably incoherent and offensive. The President has the ability to act decisively on the issue of immigration detention and does not have to “get it passed” when deciding to end the use of private detention. 

The lack of action on immigration detention is particularly concerning given that ICE has recently ramped up enforcement, increasing the number of individuals in detention. According to Detention Watch, “ICE is reporting that there are 20,430 people in its custody as of 5/14, a nearly 33% increase since the start of the Biden administration when there were 15,415 people in ICE custody.”

As if to underscore just how far apart the administration's actions are from their campaign promises, the Biden administration also appears to be in talks with the notorious GEO Group to extend a contract for detention services in Florida. 

The move to close two of the most notorious detention facilities may be an indication that the administration understands the mounting pressure, but some advocates may view it as too little too late. 

While advocates await changes at the federal level, they are not sitting by idly. In addition to campaigns calling for action from Biden, activists have supported state-level policy pushes to ban the use of for-profit ICE detention facilities as one of the key strategies to abolish these types of facilities. These grassroots efforts to challenge the detention system may ultimately do more to end the industry than any President in the near future.