American Civil Liberties Union

This week and next, the House and Senate will hold hearings (including this one today) to address the reported release of between several hundred and several thousand immigration detainees from U.S. Immigration and Customs Enforcement ("ICE") custody. Although complete information about the releases is not yet available, ICE's justification that it had determined these individuals could be "placed on an appropriate, more cost-effective form of supervised release" raises a fundamental question, posed among others by Secretary Janet Napolitano herself: why were these individuals detained in the first place?

Bertha Mejia is a 53-year-old grandmother who fled political violence and sexual abuse in her native El Salvador as a girl. She has four U.S. citizen children and is the primary caretaker for her 9-year-old grandson, Pablo. The victim of rape at the hands of her employer, Ms. Mejia has a strong case for a "U-visa," a type of visa for victims of crime who cooperate with law enforcement. The police have already certified that Ms. Mejia is a victim who has assisted the police in apprehending the perpetrator.

Immigration and Customs Enforcement (ICE) claims that its recently announced new policy on immigration detainers is a major step toward “smarter immigration enforcement,” and it seems to have convinced some editorial boards that that’s true. But serious problems remain.

Today, Roll Call published an op-ed we wrote on how curtailing immigration prisons is an easy way for Congress to begin to reduce the deficit, cut government spending, and reform our flawed immigration system.

In addition, there are several steps the Obama Administration can and should take now, without waiting for Congress, to reduce its unnecessary and expensive reliance on immigration prisons.  Here are four: