“What They’re Doing to Me is an Injustice”

Violations of the 2011 Performance-Based National Detention Standards in New Mexico Immigration Detention Facilities

EXECUTIVE SUMMARY

The U.S. immigration system often results in the detention of those apprehended by Customs and Border Protection or Immigration and Customs Enforcement as they await removal proceedings. However, immigration detention – implemented to a large extent in 1981 – is a relatively new phenomenon. Over time, this system has expanded and incorporated harsher measures, resulting in the growth of the detained population in ICE custody. People in detention have been persistently subjected to cruel circumstances that oversight mechanisms such as the Nakamoto Group, the Office of Detention Oversight, and the Detention Monitoring Program have failed to rectify. This is a result of flawed investigative methods that do not sufficiently or effectively ensure national detention center standards are followed.

Migrants’ accounts highlighted in this report reveal inhumane conditions in New Mexico detention facilities and speak to various ways the 2011 Performance-Based National Detention Standards (PBNDS) are consistently violated. In November and December of 2023, 20 of these individuals held at Cibola County Correctional Center and Torrance County Detention Facility were interviewed about their experiences in ICE custody. Concerning violations of the 2011 PBNDS were found at both facilities.

A pepper spray incident at Cibola involved potential use of excessive force by guards who exercised collective punishment on a unit. Moreover, men were deprived of prompt, adequate and ongoing care despite exhibiting health issues. At Torrance, the staff were negligent in providing a young man in ICE custody appropriate prevention and response to his sexual assault case. Furthermore, the experiences reported highlight inadequate medical and mental health care, putting the men’s wellbeing at risk. They also emphasize the insufficient access to legal information while individuals are detained, which hinders their immigration cases. Descriptions of the food provided suggest meals are neither nutritious nor appetizing. Instead, people in detention are exposed to health hazards from ill prepared food served in small portions and at abnormal times. The difficulty in replenishing hygiene items and the poor quality of what is provided make it challenging for men to maintain personal hygiene practices in detention. Lastly, many men at both facilities reported not having adequate recreation time, while the recreation provided was not up to par with general requirements.

This report seeks to demonstrate why New Mexico public entities ought to both terminate contracts to detain people for civil immigration violations and prevent the possibility of entering into new ones. New Mexico’s detention facilities must be immediately closed and all individuals currently detained must be released as part of the larger effort to bring about a dignified approach to immigration.