Rather than reduce detention, so-called alternatives such as ankle monitors have instead expanded the number of people under government surveillance
Alternatives to detention (ATDs) as defined by Immigration and Customs Enforcement (ICE) encompass a wide range of mechanisms to ensure compliance and move immigrants through their immigration court proceedings without detaining them inside detention centers. So far, alternative programming has been implemented mostly by ICE. As an agency whose primary mission is immigration enforcement, ICE’s use of ATDs has proven to be another route to restrict and surveil immigrants and further alienate immigrant communities.
ICE’s official alternatives or conditions of release currently include:
- Parole/release on own recognizance
- Bond
- Check-ins at ICE offices
- Home visits and check-ins
- Telephonic monitoring
- Facial recognition check-ins through SmartLINK smartphone app
- GPS monitoring through an electronic ankle bracelet or a smart watch
Nearly all of these (excluding bond and parole) are sub-contracted out to subsidiaries of the same private prison companies profiting off immigrant detention. ICE’s largest alternatives to detention program, the Intensive Supervision Appearance Program (ISAP), is administered by Behavioral Interventions (BI), a GEO Group subsidiary. Private bail bond companies also make money off the imposition of bond, which can be set by either ICE or an immigration judge without consideration of an individual’s ability to pay.
As a basic litmus test for whether or not they are being used correctly, alternatives must always decrease the number of people in detention. Instead, ICE's programs have been employed as a supplement to incarceration to increase surveillance of immigrant communities. As ICE's budget for alternatives to detention has increased, so has its budget for detention. In 2021 ICE received $440 million in taxpayer dollars to operate and expand a massive ATD program, but without direction to abide by best practices for alternatives and only alongside another $2.8 billion for the ever-growing detention system. The Biden administration significantly and quickly funneled people, including families, into the ICE ATD program. In December 2021, the number of immigrants enrolled in ICE's ATD program exceeded 150,000 for the first time.
ATDs have proven to be an extension of the ICE detention and enforcement system. Instead of relying on detention or traditional ATDs as administered by ICE, the United States can use existing parole authority to allow people to navigate their immigration cases freely and with the support of community and loved ones.
The US has granted parole to many groups of migrants over the years. Take, for instance, what happened when thousands of people fled Ukraine in 2022—95 percent of Ukrainians seeking safety at the US-Mexico border were admitted on parole, and were resettled quickly and with as much dignity as possible. They also issued work permits for new arrivals so they could support themselves and their families. While this took effort, it was something elected officials across the country were able to pull off. It can—and should—serve as a model for the future. There are examples clearly showing that when we try, the U.S. can welcome immigrants with dignity and respect.
Mutual aid efforts across the country also provide a model for how local communities can support migrants who do not already have support systems in the United States. Together, parole, timely and accurate information from immigration authorities, and local community aid efforts preserve freedom of movement, keep people informed, and provide support to those who need it without detention and surveillance.
Although some non-profits have been resourcing these kinds of post-release support, they have not seen federal investment. Instead ICE operates programming that is not community-based, relies on harmful mass surveillance tactics and painful, restrictive technology, and fails to recognize the dignity and humanity of the people enrolled in them.
Learn More About "Alternatives to Detention"
- December 2022: The Case Against "Alternatives to Detention"
- Diciembre 2022: El Argumento Contra Las "Alternativas a la Detención"