source: Lynnn Tramonte
Summarizing of report: Ending immigration jail in Ohio (how and why)
Part One – Immigration jail: That ugly industry in your backyard
Immigration Jail: A majority of people in custody of Immigration and Customs Enforcement (ICE), were not charged with crimes but incarcerated under “civil detention” authorities, a procedure exclusive to immigration law and because ICE doesn’t yet entertain mass detention jails in every territory the agency cooperates with county and in some instances even private jails, resulting in a system that processes detainees without criminal charges in criminal jails
Why does Immigration Jail exist: Congress authorized the detention of people with civil immigration cases for two specific purposes, according to the Congressional Research Service:
- To ensure the individual attends his or her court hearings and, if ordered deported, departs the country.
- To protect the public from truly dangerous people who are in the process of being deported.
Yet the Trump administration is arresting people who pose no threat to the community; are attending their court hearings and ICE check-in appointments; and who have legal work permits and pending immigration applications
Why is Immigration Jail extreme: Incarcerating someone who has not been convicted of a crime is extreme. It is cruel and unusual to incarcerate people due to an alleged violation of civil law. Additionally, the dignity of health care is denied to many, The Kaiser Family Foundation (KFF) found that thirty-two of the forty-six deaths in detention under the second Trump administration were of “people with existing medical conditions who 2 appeared to experience worsening health complications contributing to their death. Guardian explained that detained immigrants: “died of seizure and heart failure, stroke, respiratory failure, tuberculosis or suicide. Some died at ICE detention centers and field offices, others after they had been transferred to hospitals, but were still under ICE custody. In some cases, their families and lawyers have alleged, they died of neglect, after repeatedly trying and failing to get medical care.” In most if not all of these cases, the individual would likely be alive if he hadn’t been put in immigration jail
Punishment not legal compliance:
In most areas of civil law, courts and adjudicators look for ways to bring the individual into compliance with the law they have technically violated. For example, someone who has gotten behind in rent or hasn’t paid the proper amount of taxes would not be jailed for these violations. Courts or agencies would attempt to work out a way forward that is reasonable, achievable, and serves society’s interest. Compliance could be the goal of immigration law too, instead of pain and punishment, but it would take a reorientation of policy and law.
By arresting people who are following the law and putting them in jails, even though they cannot be immediately deported, the government is showing that the real purpose of immigration jail is punishment. The civil Immigration Law as it is today used to deter immigration. U.S. immigration policy is generally about increasing the personal risk of migration so that (in theory) some people decide not to try. Policy has become even crueler and more deadly under the Trump administration.
Implementing mass deportation:
Immigration jail is the bones of the mass deportation beast. Without it, the government would not be able to amass and organize such a large number of people to deport. It is essentially and, in some ways, literally, a warehouse filled with immigrants, while the government prepares the transportation logistics to deport them.
The Role of Counties and Municipalities:
In order for ICE to deport a large number of people, it needs a place to hold them as they organize the deportation flights. That is where county jails come in. A 2026 ACLU of Ohio report, “ICE in Ohio,” outlines the different types of formal agreements that ICE enters into with state and local governments, under section 287(g) of the Immigration and Nationality Act. “Three types of contracts exist between various counties or municipalities and ICE and/or the U.S. Marshals Service related to immigration enforcement, transportation, 8 and detention: (1) 287(g) agreements, (2) jail bed space contracts, and (3) jail transport services.”
Franklin County Pro-ICE Policy:
In March 2026, the Columbus Dispatch exposed the Franklin County Sheriff’s Office’s booking policy, Procedure No. 802:1.8, and how jail officials there work regularly with ICE. Despite the City of Columbus declaring itself welcoming to immigrants, County Sheriff Dallas Baldwin is going above and beyond what is required in federal law, and feeding the names of people who may be U.S. citizens or legal residents to ICE.
to read entire report click here
