How are the immigrant inmates being detained until deportation treated?

Most immigrants are being held in Immigration Detention Facilities that we have denoted in our directory with (ICE) in the name. The U.S. government is using detention with increasing frequency as a means of dealing with undocumented or otherwise removable immigrants after their arrest. When a friend or loved one has been placed in detention, it can be difficult to try to discover information on the person’s whereabouts.Immigration detention is not too different than jail or prison. Department of Homeland Security (DHS) either operates the facilities independently or, increasingly, contracts with local sheriff or police departments to house detainees. Therefore, the physical layout of the facility, level of crowding, available amenities, and whether detainees are housed alongside state prisoners may vary widely. Detainees who have medical conditions have the right to appropriate medical treatment at DHS expense. For example, if someone has recently had surgery and requires regular medication, DHS is supposed to provide this medication. DHS does not always follow through on its obligations, however. If DHS fails to provide such care, contact an immigration attorney who can advocate on the detainee’s behalf. Once you are able to contact the detainee, you or the detainee’s attorney can make a motion for a “bond hearing.” Every detainee is entitled to a bond hearing to determine whether the detainee can be released. At the hearing, the immigration judge may either find that the detainee is subject to mandatory detention, or that the detainee can be released on a bond. The “bond” is similar to “bail” in the criminal courts. It is meant to guarantee that the detainee will show up for future court dates and obey whatever order the judge ultimately issues. (The money will be returned if the detainee follows through – or forfeited if he or she does flees.) If the judge finds that the detainee should be released, he or she will set a bond amount that must be paid before release. As of early 2013, the minimum bond amount is $1,500, but it can go much higher than that, up to $20,000 or more. If you are planning to pay this on the detainee’s behalf, you will need to have legal status in the U.S. and bring photo identification. You may also need to arrange for the person’s pickup -- not all detention centers will give them a ride to the nearest bus station or airport. After the bond hearing, the immigration judge will set a “Master Calendar” hearing date. At the Master Calendar, the immigrant will answer the government’s allegations and request any forms of relief to which he or she may be entitled. If the person claims some form of relief, the judge will set a Merits Hearing date. The entire removal process can take years or it can take a few months, depending on the kind of relief the detainee has available, whether the court docket is crowded, and other factors. That means an immigrant to whom the judge does not allow release on bond can potentially spend a long time in detention – a situation worth avoiding. An attorney may, in such a circumstance, be able to obtain the person’s release by filing what’s called a Habeas Corpus action in federal court, claiming that such a lengthy detention is unconstitutional.