Part of the problem lies with the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, which expanded the categories of immigrants required to be detained upon arrival in the United States — categories that include those known to be terrorist suspects but also those who arrive without documentation or with fraudulent papers. Congress has required that a certain number of beds — more than 30,000, as of fiscal 2012 — be made available for detainees. But the requirement has been interpreted by immigration officials and some lawmakers as a "bed mandate" — requiring tens of thousands of immigrants to be detained every day simply because the beds have been made available. Customs officials are effectively prevented from making detention decisions based on their agency's needs. Until the mandate is repealed, the government will continue wasting millions of taxpayer dollars detaining broadly defined classes of people — many of whom, like my uncle, have demonstrated no reason to be locked up.
Last spring, U.S. officials at the Texas border apprehended Carmen, a woman seeking safety from an abusive partner. Carmen had survived not just domestic violence but also a machete attack by another assailant that almost ended her life. When she was taken into custody, Carmen suffered from post-traumatic stress disorder. A friend who is a U.S. citizen was ready to take her in. But Carmen — now a client of Americans for Immigrant Justice — was detained at the Broward Transitional Center in Florida for nine months. She was finally released, wearing an ankle-monitoring device, in late February — along with four other survivors of domestic violence who were seeking asylum in this country. Had the sequester not incited budget concerns, Carmen and the others would probably still be languishing.
Congress is holding hearings this week and next on immigration enforcement. Immigration and homeland security officials have already been criticized by some lawmakers for releasing a small percentage of their most vulnerable, low-risk detainees last month. One hopes that lawmakers concerned about both fiscal responsibility and immigration reform will engage in discussions more substantive than "giving illegals a free pass." The country must take on real issues, such as eliminating the outdated bed mandate, so that immigrants who pose no danger to U.S. communities can wait for their day in court under more humane and less costly conditions.
Edwidge Danticat is a writer in Miami. Her most recent work is "Create Dangerously: The Immigrant Artist at Work."