Undocumented immigrant detainee's rights: removing non-criminal immigrants from the criminal correctional system

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Publication Type thesis
School or College College of Architecture & Planning
Department Architecture
Author Clinger, Matthew J
Title Undocumented immigrant detainee's rights: removing non-criminal immigrants from the criminal correctional system
Date 2007
Description According to the United States Customs and Border Patrol, 1.2 million people were arrested trying to enter the country illegally in 2005. Of the 70 percent released into U.S. communities with an order to return for deportation hearings, only 18 percent showed up later. In efforts to prohibit an alien influx into American society, the majority of apprehended illegal immigrants are now being detained while they await deportation. Effective October first of this year, all unauthorized immigrants that are captured will be held in U.S. detention centers until they can be returned to their nation of citizenry. More than half of all immigrant detainees are housed in county jails or privately run penal institutions despite the fact that those held on immigration charges are legally considered administrative, not criminal detainees. Of the 300 detention centers used for immigration violations, only 9 are run by the Department of Homeland Security and exclusive to non-criminal immigrants. Mixing administrative detainees with the criminal population has the potential of putting the detainees in imminent danger. Consider the recent case in New Jersey where a female college honors student was in custody on immigration charges originating from a relative bringing her as a young child into the United States with false documentation. The detainee, a Ghana native, was mixed in with the general population of the county jail until threats on her life made separation essential. Non-criminal aliens, often deeply rooted through ethnicity, culture, language, religion and/or class are being thrown into an environment in which any differences can cause tension, friction, and even danger. Furthermore, immigration detainees currently have no right to legal representation or defined release dates. The change to the policies of illegal immigrant detention, and the subsequent growing number of detainees will require an increase of detention facilities. Furthermore, the varying and changing demographic of immigrants attempting to illegally cross the United States' borders warrants a change in the detention facilities. The current trend of placing non-criminal aliens in the penal system is no longer valid considering family, religion, ethnicity, language and culture issues. Add to these sensitive issues the need for detainee safety and basic human rights and the argument for a change is strengthened immensely. In response to both the demand for facilities and the demographic issues presented above, I propose a new holding center for illegal immigrants awaiting deportation or naturalization. The purpose of the holding center is to make possible the new policy of the United States Government concerning illegal immigration while taking concern and care for the well-being, safety, and human rights of the detainees. The results of this facility will be the removal of undocumented immigrants from the criminal jails and penal institutions into an environment that is geared specifically to the issues of illegal immigration detention, processing, and deportation or naturalization, with the goal being a change in the way that immigrants are treated, detained, and given their rights. As part of this program there will be short-term and long-term accommodations, legal spaces, administrative facilities, transportation resources, and other necessary resources including food and health services. Another important issue concerning deportation is coordination with various countries of origin to return detainees; therefore the center will inherit certain diplomatic responsibilities. The outcome of an all-inclusive facility would be to expedite the process of deportation while addressing the issues of security and containment. 389 miles of the United States - Mexican border lie within the state of Arizona. Although this number amounts to only one-fifth of the total southern border, Arizona is home to over 5% of the total undocumented population in the nation, trailing only California, Texas, and Florida. However, in the last 5 years the number of unauthorized immigrants in Arizona has grown 45%, compared to the 10%, 25% and 6% increases in the previously mentioned states, respectfully. This increase is attributed to the astounding numbers of immigrants currently entering the country, and in combination with the strengthened efforts to detain and deport undocumented immigrants there is a heightened necessity not only for facilities to detain these immigrants, but also persons to run the facility, offer legal support, and/or ensure that the detainees are treated fairly. Known as a "sanctuary city" because of its policies on undocumented immigration, Phoenix is the capitol of Arizona and the fifth largest municipality in the nation with a population of 1.5 million. Its sanctuary status comes from the city charter itself, which says that the investigation and enforcement of federal immigration laws is the business of the Department of Homeland Security, not the local law enforcement agencies. The status of the city, along with its Economics; and its proximity and ease of travel to other major US cities, makes it an ideal place for migrants who are without permissions in this country; however, anti-illegal immigrant groups are attempting to instate a change to the city charter which would effectively get rid of the sanctuary status. The site for this detention center is located on the Southwestern corner of the intersection of 7th Avenue and Washington Street. This site is located in the midst of the government and institutional buildings of the city, county, and state, and lies relatively close to the major federal buildings found within Phoenix. The commercial driven city center is only blocks away to the east. To the south of the immediate site is an industrial area where many homeless and immigrants may be found. The site, until about a year ago, was a low-rent, run down hotel that was demolished because of violations to city code. The city police headquarters and accompanying laboratories immediately flank the relatively flat sight, and both streets are major traffic arteries of the city. The site was chosen because of its centrality to the city and ease of access from most locations within the greater Phoenix metropolitan area. As an institution, the holding center will function to fulfill the administrative needs of the government and its policies. More importantly, the program will make a social statement about the humane treatment and the dignity of immigrants and the pitfalls of the corrective systems of the United States' governments on all levels. The rights of the immigrant will be fully accounted for, whether it be the right of privacy or the right of justice.
Type Text
Publisher University of Utah
Subject Immigration; Deportation; Homeland Security
Dissertation Institution University of Utah
Dissertation Name M.Arch
Language eng
Relation is Version of Digital copy of "Undocumented immigrant detainee's rights: removing non-criminal immigrants from the criminal correctional system" College of Architecture + Planning, Architecture Visual Resources Library
Rights Management © Matthew Clinger
Format Medium application/pdf
Format Extent 2,007,286 bytes
Identifier us-etd2,114159
Source Original: University of Utah, College of Architecture + Planning, Architecture Visual Resources Library
ARK ark:/87278/s6280p5d
Setname ir_etd
ID 193167
Reference URL https://collections.lib.utah.edu/ark:/87278/s6280p5d
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