The American Civil Liberties Union (ACLU) has filed a lawsuit against U.S. Immigration and Customs Enforcement (ICE) demanding information on new policies governing the use of solitary confinement in detention centers.
Newsweek has contacted the ACLU and ICE for comment.
Why It Matters
ICE has been placed in the national spotlight as the immigration enforcement agency serves as the tip of the spear for President Donald Trump's hardline agenda.
ICE's use of solitary confinement has raised concerns among human rights advocates, lawmakers and the public. Reports indicate that ICE has used solitary confinement more than 14,000 times during a recent five-year period, including on individuals with mental health conditions and other vulnerabilities. Critics argue that prolonged isolation can amount to torture and that ICE has not been transparent about its policies.
What To Know
On December 6, 2024, ICE announced an update to its solitary confinement policies, known as Special Management Units (SMUs), which are used to isolate detained immigrants.
While ICE claimed the new policy would improve how the agency tracks, reports and ensures the safety of individuals placed in solitary confinement, it did not make the updated guidelines publicly available.
In response to ICE's failure to disclose the new policy, the ACLU filed a Freedom of Information Act (FOIA) request on December 20, 2024. The request specifically sought a copy of the updated solitary confinement policy that ICE referenced in its announcement.
Under FOIA, federal agencies are legally required to provide access to government records upon request, unless they can justify withholding them under specific exemptions. The ACLU argued that these records are of significant public interest and should be released immediately.
ICE failed to provide the requested documents and denied the ACLU's request for expedited processing, which would have required a quicker response. ICE justified its denial by saying that the ACLU had not demonstrated an urgent need for public disclosure, a claim the ACLU strongly disputed given the concerns over the use of solitary confinement.
After waiting more than a month for a response from ICE, the ACLU filed a lawsuit on February 6, 2025, in the U.S. District Court for the District of Columbia. The lawsuit accuses ICE of violating FOIA by failing to provide non-exempt public records and conducting an inadequate search for the requested documents.
According to the complaint, ICE's refusal to release the records prevents the public from understanding how the agency is implementing changes to solitary confinement practices and whether they align with human rights standards. The ACLU is seeking a court order compelling ICE to immediately release the updated policy and comply with FOIA regulations.
Meanwhile, a report from Harvard Law School and Physicians for Human Rights found that ICE's use of solitary confinement often violates international human rights standards. ICE placed individuals in solitary confinement at least 14,264 times between 2018 and 2023.
What People Are Saying
A 50-year-old man who was held in solitary confinement at the Northwest ICE Processing Center in Washington told Harvard researchers: "Being in solitary, that is like a whole other level of playing with your mind. To bother you, to hurt you, to offend you, to make you feel like less than nothing. Even your biology changes, how you view the world changes...your mind and your body break into little pieces."
What Happens Next
The ACLU is asking the court to order ICE to release the requested records and comply with FOIA. If ICE continues to withhold the documents, the case could lead to further legal action and possibly congressional intervention.
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