ICE says relaxed detention standards ‘reduce the burden’ on contractors running its lockups

The U.S. Immigration and Customs Enforcement (ICE) released revised detention standards on Monday, permitting contractors running its facilities to rely more on artificial intelligence for communicating with detainees and continuing to exempt detainee labor from minimum wage requirements. The changes, described by ICE as efforts to ‘reduce the burden on our detention operators,’ were criticized by experts who argue they will worsen conditions for the roughly 60,000 detainees currently held in facilities already facing accusations of medical neglect, inadequate food, and record deaths. Michelle Brane, a former Department of Homeland Security ombudsman, called the revisions ‘consistent with their general practice of eliminating accountability and oversight,’ warning they would lead to ‘deterioration of already problematic conditions.’ The updates follow ICE’s receipt of over half of a $70 billion immigration enforcement funding bill signed by former President Donald Trump last week, while facilities report unprecedented death rates and medical neglect. Among the changes, ICE now allows AI tools—including machine-learning-based translation and generative AI—for ‘noncritical communication’ with detainees, such as intake information, housing unit conversations, or grievance responses. Dr. Homer Venters, a correctional health care expert, expressed alarm, noting grievances often involve urgent medical concerns like denied lifesaving care. The rule also removes mandates for in-person or telephone interpretation services, raising concerns about language access barriers. ICE insists the standards ensure interpretation services remain free for detainees but have removed provisions allowing facilities to refuse detainees, potentially increasing liability risks for operators. Dr. Sanjay Basu, a public health researcher studying ICE custody deaths, acknowledged minor improvements in suicide prevention but warned the overall trend is toward ‘weaker standards’ for a growing detained population. The revisions align ICE’s rules more closely with those of the U.S. Marshals Service, which holds pretrial federal inmates under less stringent conditions. ICE stated it considered input from detention operators alongside legal and policy requirements when finalizing the changes. Critics, however, argue the updates prioritize cost reduction and flexibility over detainee safety and rights.