Key facts
- Immigration and Customs Enforcement (ICE) has relaxed detention standards for contractors.
- The new standards permit the use of artificial intelligence for non-critical communication with detainees.
- Contractors are permitted to continue paying detainees minimal wages for voluntary work.
- Experts argue these changes will likely worsen conditions for detainees and reduce accountability.
- ICE stated the revisions are intended to reduce the burden on detention operators and align with U.S. Marshals Service standards.
Immigration and Customs Enforcement (ICE) has implemented relaxed detention standards that allow contractors to rely more heavily on artificial intelligence for detainee communication and continue paying minimal wages for voluntary work. The agency stated the revisions aim to "reduce the burden on our detention operators" and align with standards used by the U.S. Marshals Service.
However, experts expressed significant concerns, predicting a deterioration of already problematic conditions and a reduction in accountability. Michelle Brane, a former Department of Homeland Security ombudsman, stated the changes are consistent with a practice of eliminating accountability and oversight, with no apparent concern for detainees' basic rights or safety. Dr. Sanjay Basu, a public health researcher, acknowledged some improvements in suicide prevention and mental health care but noted the overall trend is toward weaker standards for a growing detainee population.
Dr. Homer Venters, an expert on correctional health care, raised alarms about the potential curtailment of language assistance, as the new rules allow AI for "noncritical communication" or "informal interactions." He noted that grievances, which can include urgent medical information, might be handled via AI, and it remains unclear if health assessments could be conducted this way. ICE maintains that contractors must provide interpretation and translation services at no cost to detainees.
Further concerns were raised regarding a change that prevents facilities from refusing to admit detainees, potentially forcing them to house severely ill or disabled individuals they cannot accommodate, thereby reducing contractor liability for subsequent deaths. Dora Schriro, former director of ICE's Detention Policy and Planning, described the clarification on detainee wages as a "favor" to for-profit contractors, potentially weakening legal challenges from advocates who argue the low stipends constitute forced labor. Carmen Iguina Gonzalez, an immigration detention expert, noted that barring payments above the $1-per-day minimum strengthens contractors' legal defenses.
Claire Trickler-McNulty, a former DHS and ICE official, suggested ICE could use its increased budget, bolstered by a recent $70 billion immigration enforcement bill signed by President Donald Trump, to improve conditions rather than lower standards. She recalled instances where leftover funds were used for recreational and visitation improvements, emphasizing that the focus should be on detainee care, not solely on easing operations for jail providers.