DALLAS NEWSPAPER REPORT SHINES LIGHT ON SECRET INDEFINITE DETENTIONS

The Dallas Morning News, through Freedom of Information Requests and many months of research and investigation, has obtained information that the INS has been holding 294 people for over three years.  Not only has the INS had custody of these people, who are not serving criminal sentences, they will not release their names, nor the names of about 5000 other detainees. 

According to the INS, the agency cannot release the names of the detainees because of a Justice Department policy.  While the federal Privacy Act applies only to citizens and permanent aliens, in 1996 Janet Reno decided to extend the Act’s protection to all people in the US, regardless of immigration status.  The impetus for this decision was a 1994 Senate race in California, in which both candidates were accused of hiring illegal immigrants. 

The purpose of the law may have been to protect privacy, but reliance on it in this situation has been severely criticized by many bar leaders.  Philip Anderson, immediate past president of the American Bar Association, calls the practice of withholding names of detainees “contrary to the basic precepts of this country.”  Most states and the federal government reveal the names of their prisoners.  A spokesperson for the Texas Department of Criminal Justice, Glen Castlebury, points out why the INS’ refusal to reveal names is worrisome:  “It’s pretty fundamental when the state takes custody of someone, they have to account for what they’ve done with that person.  I sometimes wonder if (INS officials) are reluctant because they don’t know where their people are.” 

This may well be part of the problem.  A decade ago the INS housed detainees in only a few facilities.  Today, however, the INS uses 190 facilities in 24 different states, only a few of which are exclusively for INS detainees. 

Most of the 294 detainees are from countries with which the US does not have diplomatic relations, meaning they are not deportable.  However, according to records obtained by the Dallas Morning News, 47 of the detainees are from countries with which the US does have relations, including Mexico, India and Poland.  There is no explanation why these people are still in custody.

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