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Immigration and Customs Enforcement released updated rules Monday that permit contractors to expand artificial intelligence in detainee communications and maintain the $1-per-day voluntary work stipend. The changes apply to facilities holding roughly 60,000 people.
The IndependentImmigration and Customs Enforcement released revised detention standards on Monday that permit contractors operating its facilities to rely more heavily on artificial intelligence tools for noncritical communication with detainees. The standards also allow facilities to continue paying detainees a $1-per-day stipend for voluntary work and bar operators from paying more than that amount.
The agency said the revisions were made to reduce the burden on detention operators.
The standards apply to for-profit contractors and jails that hold ICE detainees. Under the new rules, facilities may use machine-learning-based translation or generative AI for informal interactions during intake, in housing units, and when responding to grievances. ICE stated that contractors must still provide interpretation and translation services at no cost to detainees.
A new rule bars facility operators from refusing to admit any detainee ICE sends them. Facilities must request that ICE transfer any detainee they cannot serve, though transfers may take several days. New language states that detainees in voluntary work programs are not employees and are not entitled to wages or benefits.
The standards also prohibit facilities from paying above the $1-per-day minimum stipend that has long been in place. S. Marshals Service for holding pretrial federal inmates in jails.
ICE said it considered input from operators along with operational, legal, and policy requirements. Roughly 60,000 people are currently detained by ICE. The agency received more than half of the $70 billion immigration enforcement spending bill signed by President Donald Trump last week.
Michelle Brane, a former Department of Homeland Security ombudsman, said the changes would result in deterioration of conditions. She said the revisions are consistent with a practice of eliminating accountability and oversight. Dr.
Sanjay Basu, a public health researcher who has studied ICE custody deaths, said the standards include genuine improvements to suicide prevention and mental health care. He said the overall trajectory is toward weaker standards governing a growing share of the detained population. Dr.
Homer Venters, an expert on correctional health care, said the AI provisions could curtail access to language assistance by eliminating mandates for in-person and telephone interpretation. He noted that grievances often contain urgent information about denied medical care.
Dora Schriro, former director of ICE’s Office of Detention Policy and Planning, called the clarification on voluntary work programs a favor to for-profit contractors.
She said the language strengthens contractors’ legal defenses in lawsuits seeking unpaid wages. Carmen Iguina Gonzalez of the American Civil Liberties Union said the bar on paying above $1 per day removes an argument previously used against contractors in court.
Claire Trickler-McNulty, a former DHS and ICE official, said ICE could have used its increased budget to improve conditions rather than lowering standards.
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