Changes in ICE Detention Standards Raise Concerns
Contractors managing Immigration and Customs Enforcement (ICE) facilities can now use artificial intelligence tools for communication with detainees. This change comes as part of relaxed detention standards released on Monday. These standards allow contractors to continue paying detainees $1 per day for ‘voluntary work.’ ICE stated these revisions aim to ‘reduce the burden on our detention operators.’ Experts argue these changes help contractors limit legal liability, reduce costs, and gain operational flexibility while not significantly improving conditions for the 60,000 detainees.
Michelle Brane, a former Department of Homeland Security ombudsman, criticized the revisions. She noted, ‘100% it’s going to result in deterioration of already problematic conditions of detention.’ Her comments reflect concerns about eliminating accountability and oversight, with little regard for basic rights and detainee safety.
The revisions come amid reports of unprecedented numbers of deaths in ICE detention facilities along with accusations of medical neglect, inadequate food, and inhumane conditions. The agency received over half of the $70 billion immigration enforcement budget. Amidst these issues, detainees at the Bluebonnet Detention Center in Anson, Texas, displayed a banner pleading for help and deportation in 2025.
Dr. Sanjay Basu, who researches ICE custody deaths, acknowledged that some genuine improvements to suicide prevention and mental health care are included. Yet, he describes the overall trend as moving ‘toward weaker standards.’ ICE claims these changes streamline rules and align with relaxed U.S. Marshals Service standards, involving input from various operators along with operational, legal, and policy considerations.
Dr. Homer Venters, a specialist in correctional health care, raised concerns over potential limitations in language assistance due to changes that may reduce in-person and telephone interpretation services.
New Standard Allows Use of AI
The revised rules permit facilities to use AI for ‘noncritical communication’ or informal interactions with detainees. This could include sharing information during intake or responding to grievances. Venters finds this alarming, as grievances often involve urgent issues, like denial of lifesaving care. The lack of clarity regarding whether health assessments can be conducted through AI is also concerning. Nevertheless, ICE insists that interpretation and translation services will be provided at no cost to detainees.
The Delaney Hall facility has faced regular protests over immigration detention practices. Several experts expressed concern over the new rule preventing facility operators from refusing any detainee ICE sends. This implies that facilities might struggle to immediately refer severely ill or disabled detainees to hospitals. While it could shift liability for subsequent deaths, a necessary transfer requested by the facility may not happen for days.
A Favor to Contractors
New language clearly states that detainees in voluntary work programs are not employees, thus not entitled to wages and benefits. Dora Schriro, former director of ICE’s Office of Detention Policy and Planning, calls it ‘a favor’ to ICE’s for-profit contractors. Advocates have challenged these programs in lawsuits, citing forced labor when detainees receive $1 per work day.
These lawsuits have pursued millions in unpaid wages from contractors like GeoGroup and CoreCivic. Now, they face increased legal challenges due to strengthened defenses, according to Schriro. Another change prohibits facilities from exceeding the $1-per-day stipend, previously a point of legal contention. Carmen Iguina Gonzalez of the ACLU notes that work often includes essential tasks like cleaning and maintenance.
Claire Trickler-McNulty, a former DHS and ICE official, criticizes ICE’s choice to use increased funds to lower standards instead of enhancing conditions. She recalls efforts under prior administrations to use excess funds for amenities and recreational improvements to benefit detainee care and experience. The focus, she argues, has shifted from detainee welfare to ease for jail operators.