Immigration Detention in the United States: Identifying Alternatives That Comply With Human Rights and Advance Public Health

Under international law, the United States is obligated to uphold noncitizens’ fundamental rights, including their rights to health. However, current US immigration laws—and their enforcement—not only fail to fulfill migrants’ health rights but actively undermine their realization and worsen the pandemic’s spread. Specifically, the US immigration system’s reliance on detention, which precludes effective social distancing, increases risks of exposure and infection for detainees, staff, and their broader communities. International agreements clearly state that the prolonged, mandatory, or automatic detention of people solely because of their migration status is a human rights violation on its own. But in the context of COVID-19, the consequences for migrants’ right to health are particularly acute. Effective alternatives exist: other countries demonstrate the feasibility of adopting and implementing immigration laws that establish far less restrictive, social services–based approaches to enforcement that respect human rights. To protect public health and realize its global commitments, the United States must shift away from detaining migrants as standard practice and adopt effective, humane alternatives—both amid COVID-19 and permanently.