NEW YORK (AP) — President Donald Trump's administration has resumed utilizing federal prisons to detain some individuals arrested during its immigration crackdown, a move that has revived concerns over mistreatment reminiscent of his first term. The federal Bureau of Prisons confirmed its role in assisting U.S. Immigration and Customs Enforcement (ICE) by providing housing for detainees, highlighting its commitment to align with the administration's policy objectives. However, the Bureau did not disclose specific numbers of detainees or the facilities involved, citing privacy, safety, and security concerns.
Reports from three individuals with knowledge of the situation revealed that federal jails in Los Angeles and Miami, along with a federal prison in Atlanta, are being utilized for immigration detention. These sources requested anonymity, as they were not authorized to speak publicly. The decision to house immigration detainees in federal facilities may exacerbate existing problems within the Bureau of Prisons, which is already suffering from severe understaffing, violence, and other critical issues.
The Bureau of Prisons, which is the largest agency within the Justice Department, employs over 30,000 personnel across 122 facilities, housing approximately 155,000 inmates with an annual budget of around $8 billion. In December, the bureau announced the closure of one prison and the idling of six prison camps to address significant challenges, including staffing shortages and decaying infrastructure.
Despite Trump's plans to deport millions of undocumented immigrants in the U.S., ICE's current budget allows for the detention of only about 41,000 individuals, and the administration has not indicated how many additional detention beds may be required to meet its objectives. Typically, immigration detainees are held at ICE processing centers, privately-operated detention facilities, or local jails contracted by ICE.
In a recent development, Homeland Security Secretary Kristi Noem reported that a second flight carrying detainees landed at the Guantanamo Bay Naval Base in Cuba. This event has stirred controversy, with immigrant rights groups demanding access to these individuals and voicing concerns about the base being used as a "legal black hole." White House Press Secretary Karoline Leavitt stated that more than 8,000 individuals have been arrested as part of immigration enforcement actions since Trump's inauguration on January 20. Of those, 461 detainees were released for various reasons, including medical conditions and lack of detention space.
The average daily arrests by ICE surged to 787 in the period from January 23 to January 31, compared to an average of 311 during a similar 12-month period under the Biden administration. Notably, the Biden administration has ceased the publication of daily arrest totals.
During Trump's initial term in 2018, the Bureau of Prisons established an agreement with ICE and Customs and Border Protection, allowing the detention of up to 1,600 immigrants at federal prison facilities across five states: Arizona, California, Oregon, Washington, and Texas. Six immigrants detained under this agreement at a medium-security federal prison in Victorville, California, filed a lawsuit against Trump, then-Attorney General Jeff Sessions, and officials from immigration and prisons, alleging "punitive and inhumane" treatment.
The detainees claimed that they were provided with inedible meals, spoiled milk, restricted access to religious practices, limited recreational opportunities in harsh conditions, and inadequate medical care. Furthermore, the ACLU filed a lawsuit last year under the Freedom of Information Act seeking records concerning the use of federal prisons for immigration detention during Trump's first term. A conference regarding this case is scheduled for February 28.
Additionally, an ongoing investigation has unveiled serious issues within the Bureau of Prisons, such as rampant misconduct, sexual abuse by staff, numerous escapes, chronic violence, and emergency response inadequacies due to staffing limitations.
In a controversial proposal, El Salvador's President Nayib Bukele offered to house U.S. immigration detainees and other prisoners in his country's massive CECOT prison, suggesting the U.S. could "outsource part of its prison system" in exchange for a relatively low fee. Trump expressed openness to the idea, acknowledging potential legal complexities surrounding the arrangement.
