Fact Check: ICE claims detainees are 'in transit,' not actually detained.

Fact Check: "ICE claims detainees are 'in transit,' not actually detained."

What We Know

Recent reports indicate that Immigration and Customs Enforcement (ICE) has described individuals held at certain facilities as being "in transit" rather than officially detained. This claim arose during an incident where members of Congress were denied entry to an ICE detention area. According to a report by The City, ICE officials stated that individuals at the facility were “in transit” and not in federal detention, despite some being held there for extended periods, sometimes overnight, without proper sleeping arrangements. Bill Joyce, the deputy director of the New York ICE field office, confirmed that detainees spent the night on benches or the floor, indicating a lack of adequate facilities for those classified as "in transit" (source-4).

ICE's own documentation supports this classification, as noted in their detention standards, which specify that detainees in transit are not considered to be in formal detention. This is further echoed in their official guidelines, which clarify that individuals in transit may not appear in the online locator system used to track detainees.

Analysis

The claim that ICE refers to detainees as "in transit" rather than detained is substantiated by multiple sources. The statement made by ICE officials during the congressional visit aligns with their operational protocols, which categorize individuals awaiting transfer as "in transit" (source-4). This terminology appears to be a strategic choice, potentially aimed at minimizing the perception of the conditions under which these individuals are held.

However, the reliability of ICE's claims can be scrutinized. While ICE is the authoritative body regarding immigration enforcement, its statements have been met with skepticism due to past criticisms regarding transparency and treatment of detainees. The refusal of congressional representatives to enter the facility raises concerns about oversight and accountability (source-4). Additionally, the conditions described—where individuals are held without proper sleeping facilities—contradict the humane treatment standards that ICE is expected to uphold.

The sources used in this analysis are credible, particularly the reports from The City and ICE's own documentation, which provide direct insight into the agency's practices. However, the context of these statements should be considered, as they come from an agency that has faced significant scrutiny and criticism regarding its treatment of detainees.

Conclusion

The claim that ICE describes detainees as "in transit" rather than officially detained is True. This is supported by statements from ICE officials and the agency's own guidelines, which categorize individuals awaiting transfer as not being in formal detention. However, the implications of this classification raise serious concerns about the conditions under which these individuals are held and the agency's commitment to humane treatment.