Trends in Sexual Assault Against Detainees in US Immigration Detention Centers, 2018-2022

Abstract

This study examines sexual assault allegations perpetrated against individuals detained across US Immigration and Customs Enforcement (ICE) detention facilities from 2018 to 2022.

Since 2007, there have been reports of sexual assault within Immigration and Customs Enforcement (ICE) detention centers across the US.¹ Previous reports are limited to analysis of allegations prior to ICE’s adoption of the 2017 Prison Rape Elimination Act, which enforces a zero-tolerance policy for sexual assault. Sexual assault can lead to acute and chronic physical and psychological consequences, including sexually transmitted infections, wound infections, chronic pain syndrome, depression, and suicide.² This study explored sexual assault allegations against individuals detained across US ICE detention facilities from 2018 to 2022.

Methods

We digitally transformed and analyzed ICE Facility Significant Incident Reports from September 2018 to April 2022.³ Since 2018, these reports have been produced annually by a third party to determine compliance with ICE Performance Based National Detention Standards.⁴ Facilities are required to submit monthly sexual abuse and assault allegation reports, including the number of allegations by nature of the alleged perpetrator. We analyzed allegations of sexual assault against detained individuals (by other detainees, inmates, and staff/contractors/volunteers) and substantiated allegations. ICE facilities may also be used to hold local “inmates,” defined as an individual charged with a crime. Allegations can be reported directly to facility administration or ICE headquarters. Because the degree of overlap is unknown, we included only allegations reported to facility administration. All incidents reported must be entered into an electronic system and investigated. A “substantiated” allegation is defined as “an allegation that was investigated and determined to have occurred.” We analyzed the count, distribution, and substantiation rates of allegations and the trend in allegations per average daily population (ADP) reported to facility administration by alleged perpetrators (ie, the monthly mean count of ICE detainees). We used autoregressive integrated moving mean models to test magnitude of time trends (2-tailed α = .05). Analysis was done in R version 4.2.1 (R Foundation). This project did not require review based on the Emory institutional review board process.

Results

Of 129 facilities included, 90 (70.3%) reported allegations over a 44-month period. A total of 922 sexual assault allegations were reported to ICE facility administration. Alleged perpetrators included facility staff (272 [29.5%]), other detainees (613 [66.4%]), and nondetainee inmates (37 [4.1%]). Of these allegations, 118 (12.8%) were substantiated. Substantiation rates were the highest among nondetainee inmate perpetrators (11 [29.7%]) and lowest among facility staff perpetrators (9 [3.3%]). Twenty-four facilities (18.6%) distributed across 13 states (36%) had more than 10 sexual assault allegations. From September 2018 to April 2022, there was a mean of 1.1 (range, 0.47-2.47) monthly allegations per 1000 ADP, which did not significantly change over time (slope, 0.004 monthly allegations [95% CI, −0.011 to 0.019] per 1000 ADP). Monthly allegations per 1000 ADP against other detainees did not significantly change (mean, 0.7; slope, −0.045 [95% CI, −0.015 to 0.006]), nor did allegations against inmates (mean, 0.04; slope, −0.001 [95% CI, −0.002 to 0.001]). However, allegations against facility staff increased significantly by 134% between 2019 and 2021 (mean, 0.4 monthly allegations per 1000 ADP; slope, 0.009 [95% CI, 0.004-0.015] monthly allegations per 1000 ADP) (Figure).

Figure. Sexual Assault and Abuse Allegations Within US Immigration and Customs Enforcement (ICE) Facilities.

Dots represent the number of events reported to ICE facilities per 1000 detained individuals per month from September 2018 to April 2022.

Discussion

This study found that overall trends in reported sexual assault allegations in ICE facilities were stable between 2018 and 2022, although allegations against facility staff significantly increased. The latter finding could reflect true increases in the incidence of sexual assault by staff or increased reporting. A low percentage were substantiated. The ICE website provides little clarity on the process of substantiation, and previous investigations have demonstrated ICE’s failure to report and investigate allegations.⁵ The number of allegations across multiple facilities suggests limited adherence to the Prison Rape Elimination Act universally, with sexual assault occurring at a rate up to 3.5 times higher than that of the 2020 general US population (0.58 per 1000 persons).⁶ Further review of the investigative process and increased oversight in ICE facilities are needed to prevent sexual assault of detained individuals.

Study limitations include reliance on data released by ICE. Sexual assault allegations are often underreported due to lack of knowledge of reporting systems and fear of retaliation, suggesting that these data may underestimate true prevalence.⁶ Additionally, ICE does not provide detail on the types of assault, limiting the ability to further characterize allegations.

Section Editors: Jody W. Zylke, MD, Deputy Editor; Kristin Walter, MD, Senior Editor.

Supplement.

Data Sharing Statement