As the Trump administration seeks to address overcrowding in immigration detention centers, many immigrant detainees are being transferred to locations far removed from their families and support networks. This shift has led immigration attorneys in Honolulu to represent clients who have no prior ties to the island.
The record high of 57,861 detainees in late June was fueled by President Donald Trump’s strict immigration policies. To facilitate these policies, various controversial strategies have been implemented, such as detaining immigrants in state-run facilities and even in other countries like El Salvador. One notable strategy was the Federal Bureau of Prisons (BOP) agreement in February, which set aside bed space across nine facilities, including the Federal Detention Center (FDC) in Honolulu.
According to available data, FDC Honolulu, along with detention centers in Miami, Atlanta, Philadelphia, and Leavenworth, Kansas, has seen a notable increase in ICE detainees following this agreement. The status of ICE detainees in the remaining facilities in locations like Los Angeles, Berlin, New Hampshire, Lewisburg, Pennsylvania, and Brooklyn, New York, remains unreported.
Once taken into custody, the U.S. Immigration and Customs Enforcement (ICE) has the discretion to transfer detainees to any facility, regardless of where they were initially arrested. While individuals facing these proceedings have the right to legal representation, they must secure their own attorneys as they are not provided with court-appointed counsel. This becomes increasingly problematic as transfers can result in detainees moving thousands of miles from their original location, complicating legal representation.
Kevin Block, a Maui immigration attorney, emphasized the challenges that arise from such moves. He articulated, “You can’t video conference with them. They can’t sign things. They can’t review applications that you’re going to submit on their behalf.” Block notes that these issues highlight the crucial need for in-person attorney-client interactions.
In cases where detainees are transferred to a different federal district court, securing a new attorney becomes necessary, which adds another layer of difficulty to their legal battles. Furthermore, even courts permitting remote hearings can disadvantage detainees, as unfamiliarity with specific judges and local practices can negatively impact the defense.
The concern for due process is palpable in stories from immigration attorneys. Neribel Chardon, a pro bono attorney based in Hawaii, relayed a troubling experience with a client who was taken into custody in Florida. Following multiple transfers through various states, including Louisiana, Arizona, and California, her client wound up in Hawaii without being served his charging document until his hearing date in Honolulu. This delay hampers any potential challenges to the legitimacy of the charges.
ICE’s future plans indicate a push for detaining even more immigrants, with an aim to secure an additional 100,000 beds. Todd Lyons, acting director of ICE, recently sent a memorandum instructing that immigrants who enter the country illegally should be detained for the entire duration of their removal proceedings, irrespective of how long they have resided in the country. This policy could quickly consume the additional bed space that ICE is working to create, potentially leaving individuals in limbo for extended periods.
As the BOP’s average daily cost to house an inmate was $120.80 in Fiscal Year 2023, taxpayers are likely facing a significant financial burden, projected to reach $45 billion to accommodate the expanded protocols for mass detention of immigrants. The implications for due process, legal representation, and taxpayer costs are significant, raising critical questions about the future of immigration policy in the U.S.
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