US relaxes immigration detention rules, allows AI use and unpaid work

New ICE standards ease rules for detention operators as critics warn of weaker oversight and concerns over detainee conditions.

The US Immigration and Customs Enforcement (ICE) will allow its agents at facilities holding migrants to use artificial intelligence (AI) tools for certain communications with detainees. Detainees involved in voluntary work programmes will not be treated as employees eligible for minimum wages, according to an Associated Press (AP) report. 

The revised rules apply to private contractors and jails that operate ICE detention facilities. ICE said the changes were aimed at reducing the operational burden on detention providers and streamlining rules governing detention centres. 

The move comes at a time when ICE facilities are holding around 60,000 people, while facing criticism over reported deaths in custody, medical care concerns, food quality issues and allegations of poor detention conditions, AP reported.

 

AI allowed for detainee communication, but experts raise concerns

Under the revised standards, detention facilities can use AI-based tools, including machine-learning translation and generative AI, for “noncritical communication” and informal interactions with detainees. 

This could include communication during the intake process, conversations inside housing areas and responses to detainee complaints or grievances. 

However, experts cited by AP questioned whether AI-based communication could affect detainees’ ability to report urgent concerns, especially when language barriers are involved. 

Dr Homer Venters, an expert in correctional healthcare, said reducing mandatory interpretation services could create risks because complaints from detainees may involve urgent medical issues or situations requiring immediate attention. 

He also raised concerns over whether AI could eventually be used in health assessments, which are important for identifying medical and mental health conditions among detainees. 

ICE said the revised standards continue to require contractors to provide interpretation and translation services free of cost to detainees.

Contractors get more flexibility over detention operations

The updated rules also prevent detention facilities from refusing to accept detainees sent by ICE. 

According to AP, experts said this could create challenges for facilities that receive detainees with serious health conditions or disabilities that they may not be equipped to handle. 

The revised standards require facilities to request transfers for detainees they cannot adequately support. However, such transfers may take several days after admission. 

Some experts said the change could reduce legal risks for detention operators by making them less responsible for decisions around accepting detainees, while critics argue it could affect access to timely care. 

Michelle Brane, a former Department of Homeland Security ombudsman who monitored immigration detention practices during part of the Biden administration, told AP that the changes could worsen existing problems in detention conditions. 

“100% it’s going to result in deterioration of already problematic conditions of detention,” she said, arguing that the revised standards reduce accountability and oversight.

Detainee work programmes face fresh wage debate

Another major change relates to voluntary work programmes inside ICE detention facilities. 

For years, migrant rights groups have argued that detainees working in these programmes should receive proper wages, while private detention contractors have faced lawsuits seeking unpaid wages. 

The revised standards clarify that detainees participating in voluntary work programmes are not considered employees and are therefore not entitled to minimum wages or employment benefits. 

Dora Schriro, former director of ICE’s Office of Detention Policy and Planning during the Obama administration, told AP that the change benefits private contractors by strengthening their legal position. 

The rules also prevent facilities from paying more than the long-standing minimum stipend of $1 per day for detainee work, limiting a practice that had previously been used in legal arguments against contractors.

Changes come as US expands immigration enforcement spending

The revised standards come after ICE received significant additional funding through a $70 billion immigration enforcement spending package signed by US President Donald Trump, AP reported. 

Some experts said the increased funding could have been used to improve detention conditions instead of relaxing standards. 

Dr Sanjay Basu, a public health researcher who has studied deaths in ICE custody, told AP the changes included improvements in areas such as suicide prevention and mental health care. However, he said the broader direction was towards weaker rules as the detained population continues to grow.

  Claire Trickler-McNulty, a former Department of Homeland Security and ICE official, said previous administrations had used additional funds to improve recreation and visitation facilities for detainees. 

She told AP that the focus of the latest changes appears to be making operations easier for detention providers rather than improving detainee experiences.