Fact Check: It is unlawful and inhumane for CBP to detain individuals without due process.

Fact Check: "It is unlawful and inhumane for CBP to detain individuals without due process."

What We Know

The claim that it is unlawful and inhumane for Customs and Border Protection (CBP) to detain individuals without due process touches on several legal and humanitarian issues surrounding immigration detention in the United States. The legal framework governing immigration detention is primarily rooted in the Immigration and Nationality Act (INA), which grants the federal government the authority to detain noncitizens under specific circumstances. For instance, under INA § 235(b)(1)(B)(iii), certain noncitizens, including asylum seekers, must be detained pending their removal proceedings (source-1).

Moreover, the Flores Settlement Agreement mandates that minors in immigration custody be held in the least restrictive setting and released without unnecessary delay, thus emphasizing the importance of due process in detention scenarios (source-1). However, recent policy changes, particularly under the Trump administration, have significantly altered the landscape of immigration detention, leading to increased detention rates and concerns about the treatment of detainees. As of June 2025, the number of individuals held in immigration detention facilities reached a record high, raising alarms about overcrowding and inadequate conditions (source-3).

Human rights organizations have raised concerns about the treatment of detainees, citing reports of rights violations, including inadequate access to medical care and poor living conditions (source-5). These conditions have led to claims that the current state of immigration detention is inhumane.

Analysis

The assertion that detaining individuals without due process is unlawful is supported by legal precedents and human rights standards. The U.S. legal system generally requires that individuals have access to due process, which includes the right to a fair hearing. However, the INA provides broad discretionary powers to the Department of Homeland Security (DHS) regarding detention and parole decisions, which complicates the argument for universal due process in immigration cases (source-1).

Critically, while the law allows for detention, it does not mandate it indefinitely. The Supreme Court ruling in Jennings v. Rodriguez (2018) established that asylum seekers do not have an automatic right to release while awaiting their hearings, meaning that prolonged detention can occur as long as due process is followed (source-1). This creates a legal gray area where the government can detain individuals for extended periods, potentially without sufficient oversight or recourse.

Furthermore, the recent passage of the Laken Riley Act has reinforced mandatory detention policies, limiting the circumstances under which individuals can be released while their immigration cases are pending (source-1). This legislative shift raises significant concerns about the erosion of due process protections for noncitizens.

On the humanitarian front, numerous reports detail the inhumane conditions within detention facilities, including overcrowding and inadequate medical care (source-5). These conditions have led to widespread criticism from civil rights organizations, which argue that they violate both legal standards and basic human rights (source-6).

Conclusion

The claim that it is unlawful and inhumane for CBP to detain individuals without due process is Partially True. While there are legal frameworks that govern detention and provide some level of due process, recent policy changes have significantly undermined these protections. The increase in mandatory detention and reports of inhumane conditions highlight serious concerns regarding the treatment of detainees and the adequacy of due process in the current immigration enforcement landscape.

Fact Check: It is unlawful and inhumane for CBP to detain individuals without due process.