Border Policy's Success Strains Resources

In Willacy County, one of the country's poorest, ICE has set up 10 huge tents on concrete pads, surrounded by 14-foot-high chain-link fences looped with barbed wire. Each "sprung structure" holds about 200 men or women, divided into four "pods." Similar temporary buildings were used for troop recreational facilities in Iraq.

The center is part of a chain of facilities in South Texas with 6,700 new immigration detention beds. At a cost of $78 a night per bed (compared with an ICE average of $95 a bed), the Willacy facility is not only cheaper than any bricks-and-mortar prison but also faster to construct, move or dismantle, Mead said.

Detainees are subject to penal system practices, such as group punishment for disciplinary infractions. The tents are windowless and the walls are blank, and no partitions or doors separate the five toilets, five sinks, five shower heads and eating areas. Lacking utensils on some days, detainees eat with their hands.

Because lights are on around the clock, a visitor finds many occupants buried in their blankets throughout the day. The stillness and torpor of the pod's communal room, where 50 to 60 people dwell, are noticeable.

Goodwin described a group of women who huddled in a recreation yard on a recent 40-degree day with a 25-mph wind. "They had no blanket, no sweat shirt, no jacket," she said. "Officers were wearing earmuffs, and detainees were outside for an hour with short-sleeved polyester uniforms and shower shoes and not necessarily socks."

Perhaps more troubling, lawyers said, large numbers of immigrants have been transferred from Boston, New York, New Jersey and Florida, far from their families and lawyers. Because some immigration judges do not permit hearings by teleconference, detainees are essentially deprived of counsel.

Immigration violators in the United States are held on civil grounds and have no right to appointed lawyers. But federal guidelines call for providing them law libraries, telephones and phone numbers for legal aid.

Joining a lawsuit last week, the American Civil Liberties Union alleged that severe overcrowding at a Corrections Corp. facility in San Diego poses an unconstitutional risk to detainees' health and safety, arguing that as administrative detainees, illegal immigrants should be treated better than convicted criminals.

The National Lawyers Guild and five other groups petitioned the Department of Homeland Security last month to set binding regulations for detention sites, saying U.S. standards set in 2000 are not enforceable.

And the New Jersey Civil Rights Defense Committee has announced a campaign to stop ICE's use of county jails.

"The standards are there," said David A. Martin, a former general counsel of the Immigration and Naturalization Service, ICE's predecessor agency, who advocates concentrating detention centers in perhaps 10 cities to ensure access to lawyers and oversight. "But there are some real indicators federal standards are not well monitored or policed. We ought to do better."