Punishing with Impunity: They Legacy of Risk Classification in Immigration Detention

72 Pages Posted: 11 Apr 2022

See all articles by Robert Koulish

Robert Koulish

University of Maryland

Kate Evans

Duke University School of Law

Date Written: 2021

Abstract

In 2012, the Department of Homeland Security adopted a risk classification assessment (“RCA”) tool to run on migrants in the custody of Immigration and Customs Enforcement (“ICE”). The risk tool helped determine who was detained and who was released from ICE custody. It was intended to curb detention rates by limiting detention based on risk of flight and danger and to ensure that the conditions of civil immigration detention were distinct from those in criminal detention. This Article presents data from several RCA data-sets received pursuant to the Freedom of Information Act.

The story of the RCA is one of manipulation, subversion, and bias. In this study, we examine the RCA’s outcomes for migrants with special vulnerabilities, migrants subject to mandatory detention, and migrants eligible for bond and release. We demonstrate that over time the risk tool recommended release or bond for fewer and fewer categories. Further, ICE officers’ punitive use of detention defeated attempts at top-down reform and resulted in detention without bond for nearly every migrant.

As the Biden administration faces mounting criticism over its detention policy, our results amplify calls to shift the paradigm in immigration enforcement and to eliminate the use of detention as the predominant method of immigration control.

Keywords: Immigration Detention, Risk Assessment

Suggested Citation

Koulish, Robert and Evans, Kate, Punishing with Impunity: They Legacy of Risk Classification in Immigration Detention (2021). Georgetown Immigration Law Journal, Vol. 36, No. 1, 2021, Available at SSRN: https://ssrn.com/abstract=4022546

Robert Koulish (Contact Author)

University of Maryland ( email )

College Park, MD 20742
United States
301-405-3175 (Phone)

Kate Evans

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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