Calls Grow to Protect Immigrants' Rights Amid ICE Abuses

Legal experts argue Congress must act to address inhumane conditions and lack of due process in immigration detention centers.

Apr. 7, 2026 at 12:21pm

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A realistic painting of a nondescript immigration detention center building, with warm sunlight casting long shadows across the facade. The scene conveys a sense of isolation and melancholy, reflecting the plight of those detained within.A somber scene of an immigration detention center, a symbol of the inhumane conditions and lack of due process faced by those in custody.Los Angeles Today

Senate Democrats are taking steps to hold U.S. Immigration and Customs Enforcement (ICE) agents accountable for abuses, but legal experts argue that more comprehensive reforms are needed to address the inhumane conditions in ICE detention centers and the lack of protections for those facing deportation. Since October, 23 people have died in ICE custody, and detainees report worms in their food, unsafe drinking water, overflowing sewage, and weeks without medical attention.

Why it matters

The current legal framework fails to provide basic constitutional protections for immigrants in detention, as the Supreme Court has ruled that deportation is a civil, not criminal, proceeding. This means that crucial safeguards like the right to counsel, protection against unreasonable searches and seizures, and the prohibition on cruel and unusual punishment do not apply.

The details

Immigrants in detention have no right to appointed counsel, making it nearly impossible for them to effectively challenge their deportation. Studies show that represented detainees are 10 times more likely to obtain relief than their unrepresented counterparts. Additionally, there is no federal statute that allows immigrants to sue federal officers for constitutional violations, and the Supreme Court has made it increasingly difficult to do so directly under the Constitution.

  • Since October, 23 people have died in ICE custody, already surpassing the total for the prior fiscal year.
  • Between April 2024 and May 2025, ICE isolated more than 10,500 people in solitary confinement, some just for asking guards their names or filing civil rights complaints.
  • In the last 12 months, over 550,000 people were ordered removed from the U.S., and 69% lacked legal representation.

The players

Erwin Chemerinsky

The dean of the UC Berkeley Law School and a legal expert on civil rights and constitutional law.

Sen. Alex Padilla

A U.S. Senator who has introduced legislation to guarantee the right to counsel for individuals detained by the Department of Homeland Security.

Sen. Chris Murphy

A U.S. Senator who has co-sponsored legislation to extend legal protections to individuals held in Department of Homeland Security custody.

Sen. Adam Schiff

A U.S. Senator who has co-sponsored legislation to extend legal protections to individuals held in Department of Homeland Security custody.

Sen. Richard Blumenthal

A U.S. Senator who has introduced legislation to create a statutory cause of action allowing individuals to sue federal law enforcement officers and agencies for constitutional violations.

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What they’re saying

“Consistent with the civil nature of the proceeding, various protections that apply in the context of a criminal trial do not apply in a deportation hearing.”

— U.S. Supreme Court, In INS vs. Mendoza-Lopez (1984)

“Represented detainees were 10 times more likely to obtain relief than their unrepresented counterparts.”

— Vera Institute of Justice

What’s next

Congress is considering several bills that would address the lack of legal protections for immigrants in detention, including the Access to Counsel Act, the Restoring Access to Detainees Act, and the Accountability for Federal Law Enforcement Act. The passage of these bills could help ensure that the Constitution applies to the actions of federal immigration officials.

The takeaway

The current legal framework governing immigration detention fails to provide basic constitutional protections, resulting in inhumane conditions and a lack of due process for those facing deportation. Comprehensive congressional action is needed to address these systemic issues and uphold the rights of all individuals, regardless of immigration status.