U.S. Rejects Call for Immigration Detention Rules

By NINA BERNSTEIN
Published: July 28, 2009

The Obama administration has refused to make legally enforceable rules for immigration detention, rejecting a federal court petition by former detainees and their advocates and embracing a Bush-era inspection system that relies in part on private contractors.

The decision, contained in a six-page letter received by the plaintiffs this week, disappointed and angered immigration advocacy organizations around the country. They pointed to a stream of newly available documents that underscore the government’s failure to enforce minimum standards it set in 2000, including those concerning detainees’ access to basic health care, telephones and lawyers, even as the number of people detained has soared to more than 400,000 a year.

The Department of Homeland Security, which oversees the immigration detention system, a conglomeration of county jails, federal centers and privately run prisons, concluded “that rule-making would be laborious, time-consuming and less flexibleâ€