Senate Judiciary Democrats to Pam Bondi: “We write to object to the recent decision to use Federal Bureau of Prisons facilities to detain immigrants swept up in the Trump Administration’s mass deportation efforts and urge you to reconsider this plan”
WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, and U.S. Senator Adam Schiff (D-CA) led a group of Senate Judiciary Committee Democrats in a letter to Attorney General Pam Bondi stating opposition to the Trump Administration’s intended use of Bureau of Prisons (BOP) facilities to detain immigrants. The move is a policy revival from President Trump’s first Administration, where detained immigrants described allegations of mistreatment and unconstitutional detention conditions.
The Senators begin by describing the allegations of mistreatment and unconstitutional detention conditions experienced under the previous Trump Administration, which this announcement revives, writing:“We write to object to the recent decision to use Federal Bureau of Prisons facilities to detain immigrants swept up in the Trump Administration’s mass deportation efforts and urge you to reconsider this plan. During the previous Trump Administration, detained immigrants described alleged mistreatment and unconstitutional detention conditions in federal prisons. The detainees, many of whom were seeking asylum, lacked access to legal counsel, religious rights, phone calls, educational or other programming, and even clean clothing. Despite this troubling history, the current Trump Administration is apparently relying on the same poorly conceived detention scheme.”
The Senators continue by stating concerns with the February 7th memo from BOP’s Correctional Programs Branch directing the policy change, writing: “[This memo fails] to provide meaningful guidance and direction to staff on the serious questions raised by these instructions. These questions include how to manage interactions between civil immigration detainees and the existing criminally incarcerated population; how the Department of Justice (DOJ) and DHS will ensure BOP staff receive adequate training and resources to meet the needs of the civil immigrant detainee population; and whether BOP facilities would even be able to meet basic immigration detention standards. Due to BOP already suffering from years of understaffing, inadequate resources, and crumbling infrastructure, the Administration’s decision to revive immigration detention in BOP facilities seriously threatens the safety and well-being of BOP staff, incarcerated individuals, and immigrant detainees.”
The Senators then outline the long-faced staffing and infrastructure challenges that this policy change would perpetuate, as detailed by labor unions and previous Senate Judiciary Committee hearings. Additionally, they describe understaffing as just “one symptom of chronic underinvestment in the Bureau,” among which include growing maintenance needs that executive staff characterize as a “foundational, enterprise-wide challenge” to the tune of $3 billion.
The Senators conclude by summarizing the challenges facing the Bureau that make immigration detention at BOP facilities problematic, writing: “Until serious funding and staffing challenges outlined above are addressed, federal prisons simply cannot safely and humanely meet the needs of its current inmate population, much less the needs of civil immigration detainees. Immigration detainees in federal prisons will face substandard conditions and care and their detention will only exacerbate significant institutional problems facing the Bureau. We therefore urge you to reconsider this plan and instead work with us to address BOP’s existing challenges.”
In addition to Durbin and Schiff, the letter is signed by U.S. Senators Sheldon Whitehouse (D-RI), Mazie Hirono (D-HI), Cory Booker (D-NJ), Alex Padilla (D-CA), and Peter Welch (D-VT).
For a PDF copy of the letter to Attorney General Bondi, click here.
During his tenure as Chair of the Senate Judiciary Committee, Durbin prioritized oversight of BOP and revived the Committee’s practice of holding annual BOP oversight hearings. In April 2021, the Committee held a BOP oversight hearing with then-Director Carvajal to address chronic understaffing issues and other concerns. Later, Durbin called for a new, reform-minded BOP Director after an Associated Press report that found that BOP is a “hotbed of abuse, graft and corruption, and has turned a blind eye to employees accused of misconduct.” Then-Director Carvajal’s resignation was announced less than two months later.
In September 2022, the Committee held its second BOP oversight hearing under Durbin, which was BOP Director Peters’ first time testifying before Congress since taking over as head of the Bureau. At that hearing, Durbin pressed Director Peters about abuse in federal prisons. In September 2023, Durbin held his third BOP oversight hearing.
In February 2024, Durbin convened a hearing entitled “Examining and Preventing Deaths of Incarcerated Individuals in Federal Prisons” at which Director Peters and DOJ Inspector General Michael Horowitz testified regarding issues related to the operation and management of BOP, including staffing shortages, that contributed to deaths in custody.
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