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1. U.S. Returnees from Syria Reveal Much About the Repatriation Challenge

Author:
Devorah Margolin
Publication Date:
05-2024
Content Type:
Commentary and Analysis
Institution:
The Washington Institute for Near East Policy
Abstract:
The latest U.S. repatriation is an important model for the international community to follow, but much work still needs to be done on resolving the precarious detainee dilemma before the situation in northeast Syria deteriorates further. On May 7, the United States repatriated eleven Americans and one noncitizen from northeast Syria, its largest repatriation of individuals affiliated with the Islamic State (IS) to date. The group included Brandy Salman and her nine U.S.-born children (five of whom are now adults), as well as two minor children of Abdelhamid al-Madioum, who was repatriated in 2020 and pleaded guilty to supporting terrorism a year later. Notably, one of the two Madioum children is a U.S. citizen and the other is not. The move brings the total number of Americans repatriated to fifty-one. Between 2013 and 2019, an estimated 300 Americans joined or attempted to join IS and other jihadist groups in Syria and Iraq—part of a wave of more than 53,000 men, women, and minors from roughly eighty countries who did the same. Since the fall of the IS territorial “caliphate” in March 2019, successive U.S. administrations have led the charge in encouraging these countries to repatriate their citizens. Although the number of people involved in this week’s repatriation is small, their cases set a potent precedent and illustrate the urgency of accelerating the pace—while also showing why the process has been such a challenge.
Topic:
Non State Actors, Islamic State, Detention, Repatriation, and Syrian Democratic Forces (SDF)
Political Geography:
Middle East, Syria, and United States of America

2. U.S. Immigration Detention System: “A Living Hell”

Author:
Joseph Nevins
Publication Date:
02-2022
Content Type:
Commentary and Analysis
Institution:
The North American Congress on Latin America (NACLA)
Abstract:
A historical and contemporary look at migrant incarceration and the detainees pushing for change inside and beyond the system.
Topic:
Human Rights, Immigration, Border Control, and Detention
Political Geography:
North America and United States of America

3. Migrant Detention and COVID-19: Pandemic Responses in Four New Jersey Detention Centers

Author:
Kenneth Sebastian Leon, Ulla Dalum Berg, and Sarah McIntosh
Publication Date:
04-2021
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
On March 24, 2020, a 31-year-old Mexican national in Bergen County Jail, New Jersey, became the first federal immigration detainee to test positive for the novel coronavirus (COVID-19). By April 10, 2020, New Jersey had more confirmed COVID-19 cases among immigration detainees than any other state in the nation. This article examines the relationship between COVID-19 and processes of migrant detention and deportation through a case study of New Jersey — an early epicenter of the pandemic and part of the broader New York City metro area. Drawing on publicly available reports and in-depth interviews with wardens, immigration lawyers, advocates, and former detainees, we describe the initial COVID-19 response in four detention facilities in New Jersey. Our findings suggest that migrant detention and deportation present distinct challenges that undermine attempts to contain the spread of COVID-19. We provide testimonies from migrant detainees who speak to these challenges in unsettling personal terms. Our interviews highlight the insufficient actions by Immigration and Customs Enforcement (ICE) to contain the spread of the pandemic and a troubling lack of due process in immigration court proceedings. Based on these findings, we argue that reducing the number of migrants detained in the United States is needed not only in the context of the COVID-19 pandemic but also as a preventative measure for future health crises. Reductions can be achieved, in part, by reforming federal immigration laws on “mandatory detention.”
Topic:
Migration, Pandemic, COVID-19, and Detention
Political Geography:
North America and United States of America

4. Factsheet: The History and Evolution of Guantánamo Bay Detention Camp

Author:
Bridge Initiative Team
Publication Date:
07-2020
Content Type:
Working Paper
Institution:
The Bridge Initiative, Georgetown University
Abstract:
Guantánamo Bay Naval Base, located in Cuba, was chosen as the site of a detention center due to its uncertain legal status—allowing the U.S. government to argue that those detained at the base were not entitled to certain rights under U.S. laws. The prison at the base consists of several distinct camps, each with differing security levels, transparency, and categories of detainees. Former President Barack Obama promised to close the prison but failed to do so. Former President Donald Trump pledged to not only keep the prison open but fill it with more detainees. Current President Joe Biden has promised to shut down the military prison.
Topic:
Prisons/Penal Systems, War on Terror, Detention, and Guantanamo Bay
Political Geography:
Cuba, North America, and United States of America

5. Solutions to Fight Private Prisons’ Power Over Immigration Detention

Author:
Michael Sozan
Publication Date:
07-2018
Content Type:
Policy Brief
Institution:
Center for American Progress - CAP
Abstract:
For-profit private prison companies have been showering members of Congress and organizations related to President Donald Trump with campaign cash, while simultaneously lobbying lawmakers on immigration detention matters.1 These companies are set to earn hundreds of millions of dollars from Trump’s inhumane and ineffective policy of locking up asylum-seeking families, including small children and others seeking better lives in the United States.2 The U.S. Department of Homeland Security (DHS) oversees approximately 200 immigration detention centers nationwide, including facilities run by the federal, state, and local governments, as well as facilities operated by for-profit private prisons. In November 2017, 71 percent of detained immigrants were confined in private detention facilities, at a reported cost of more than $ 2 billion dollars per year.3 With huge amounts of cash and incentives for pay-to-play arrangements flowing between politicians and the industries they regulate, it is little wonder that voters believe their elected representatives are more attuned to the priorities of big-money corporate interests than to everyday Americans. It is time to adopt bold anti-corruption solutions to help rein in the power of wealthy special interests so that the views and priorities of the general public are more fairly represented when their government formulates important policies.
Topic:
Immigration, Prisons/Penal Systems, Border Control, Humanitarian Crisis, and Detention
Political Geography:
North America and United States of America

6. Guantanamo’s Last Year

Author:
Ken Gude
Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Center for American Progress - CAP
Abstract:
With one year left in his administration, President Barack Obama remains committed to closing the prison at Guantanamo Bay during his time in office. Congress has prohibited, at least for now, one aspect of the president’s preferred pathway to close the prison—transferring some detainees into the United States for trial or continued law of war detention. Much of this debate has focused on the question of whether President Obama will use executive action to override the congressional transfer ban. Doing so would be impractical and extremely unwise. The Obama administration should state publicly that it will not use executive action to bring large numbers of Guantanamo detainees into the United States in defiance of congressional statute. A better strategy would be to pursue alternative options for closing Guantanamo that, even given current statutory constraints, remain entirely in the control of the executive branch. Amid disappointment at the failure to close Guantanamo, it is easy to forget that President Obama originally believed it was feasible to identify, categorize, prosecute, and transfer all 242 detainees in just one year—the same amount of time he has left for the remaining 91 detainees. While congressional resistance is a new obstacle not present at the time of President Obama’s original pledge, moving the majority of detainees out of Guantanamo is now mostly about the implementation of policies and decisions already made, a much more manageable challenge than the one that Obama faced in 2009. If that goal is to be achieved, however, President Obama must command a greater level of urgency throughout his administration and especially at the Pentagon. The risk is not simply a failure that becomes a stain on the president’s legacy; rather, the much more serious risk is that the next administration could resume sending detainees to Guantanamo, which is on the wish list of many conservatives. The latter would do irreparable harm to American national security—and be a colossal waste of money. Holding a detainee at Guantanamo now costs $4 million per year per detainee, compared with less than $100,000 per inmate in the highest security prison in the United States. And while it is fair to say that the salience of Guantanamo as a recruiting tool for terrorist groups has faded during the Obama administration’s efforts to close it, it is not gone. Hostages held by the Islamic State of Iraq and al-Sham, or ISIS, are not dressed in Guantanamo-like orange jumpsuits by accident. And if new detainees were to be sent to Guantanamo by the next administration, the prison would roar back to prominence in terrorist propaganda and be an enormous self-inflicted wound on the country. We cannot afford to risk this possibility. Guantanamo must be closed during the Obama administration. This can be achieved by completing the following steps: Hold Periodic Review Board hearings for all eligible detainees by July 1, 2016. Accelerate transfers of those detainees designated for transfer or release. Order the Department of Justice to review detainee cases for prosecution and potential plea bargain in federal court. Pursue agreements with countries to prosecute under their laws any Guantanamo detainees accused of serious crimes. Engage the Afghan government to seek an agreement to transfer back to Afghan custody any remaining law of war detainees captured in connection with the war in Afghanistan. Some of these options may not represent the best or preferred method for the Obama administration to close Guantanamo, but this is a feasible and realistic path to close the prison in one year. Some of these choices will be difficult, but when measured against the possibility that Guantanamo could be back in the business of accepting new detainees in 2017, those difficulties should not be disqualifying. A reinvigorated effort from the Obama administration is urgently needed to make 2016 Guantanamo’s last year.
Topic:
Terrorism, Prisons/Penal Systems, Counter-terrorism, and Detention
Political Geography:
Caribbean, North America, United States of America, and Guantanamo

7. The Applicability of International and Domestic Immigration Law to Relocated Guantanamo Detainees

Author:
Sarah Weiner
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
The physical relocation of detainees from Guantanamo to the United States would not meaningfully alter U.S. obligations under domestic immigration law or international law concerning refoulement. Domestic immigration law would not affect U.S. authority to bring aliens into the United States and to detain those aliens under the laws of war. Detainees would not enter the United States as immigrants, but rather would remain legally “at the border” during their detention. If a detainee secures his release from law-of-war detention, then the United States would be prohibited from transferring the former detainee to a country where there are substantial grounds for believing that he would be in danger of being subjected to torture. This obligation applies equally to detainees held at Guantanamo and in the United States. If the United States could not find a suitable country to accept the former detainee, then the United States may have the authority to hold the alien indefinitely in immigration detention, provided that his custody meets statutory requirements. This authority is constitutionally untested and potentially inconsistent with obligations under international law, but these concerns would apply equally to both Guantanamo- and U.S.-located former detainees.
Topic:
Law, Prisons/Penal Systems, War on Terror, and Detention
Political Geography:
North America, United States of America, and Guantanamo

8. Al Qaeda, Military Commissions, and American Self-Defense

Author:
Ruth Wedgwood
Publication Date:
09-2002
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
RUTH WEDGWOOD critically examines the U.S. detainment of al Qaeda prisoners and others accused of visa violations or of being enemy combatants. She explains that “In a world where terrorist action flirts with catastrophic weapons, the competing paradigms of crime and war may provide no more than analogies. Fitting the law to this unwanted new world thus will require tact, judgment, and the weight of a heavy heart.”
Topic:
Defense Policy, Military Affairs, Al Qaeda, and Detention
Political Geography:
North America and United States of America