Inside ICE’s Surge of Solitary Confinement: A Threat to Justice and Tradition

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Sep 18, 2025By Liberaza Staff

Solitary confinement has always been an extreme tool—one that a decent tradition reserves for the rarest, direst circumstances. But a new report reveals that the U.S. immigration enforcement system is moving in the opposite direction: between April 2024 and May 2025, over 10,500 people detained by ICE were held in solitary. And not briefly. The spike in use, especially among vulnerable detainees, points to both cruelty and systemic failure. The Guardian

 
What the Report Reveals
The data comes from a joint analysis by Physicians for Human Rights, the Peeler Immigration Lab, and Harvard Law School. The Guardian
Under Trump’s second term, solitary use has surged. In the first four months of 2024‑25, use increased by 6.5% per month—far above what had been typical under precedents. The Guardian

Vulnerable people are disproportionately impacted: those with mental illness, physical illness, possibly disabilities—people who are supposed to receive special protections. Instead, many are isolated. The Guardian
Solitary confinement practices often extended well past the 15‑day threshold that UN convention considers the beginning of torture, especially in abusive or retaliatory cases. Some detainees are held 22 hours a day, with minimal human contact. The Guardian
The report raises strong concerns that the actual numbers are even worse than reported: data is opaque, oversight is limited. Officials contest some findings, but the trend appears undeniable. The Guardian
 
Why This Matters
1. Erosion of Legal and Moral Traditions
Traditional legal norms in the U.S., going back centuries, rest on due process, proportional punishment, and humane treatment. Solitary confinement—especially prolonged—is deeply at odds with those. When we detain someone, civil or criminal, we accept certain limits: no cruel and unusual punishment, rights to legal counsel, transparency. Solitary confinement that lasts weeks, without judicial review or clear criteria, undermines those foundations.

2. Risks to Human Health and Stability
There is abundant medical and psychiatric research demonstrating that solitary confinement causes psychological harm—even permanent damage in some cases. For people who arrive traumatized, suffering from mental health issues, or coping with physical illness, isolation can be a tipping point. This isn’t abstract: lives are at stake. Deaths, suicides, self‑harm, medical emergencies—these tend to increase where oversight is weak.

3. Political & Legal Exposure
The current administration has directed large increases in enforcement, detention expansion, and punitive tools. Solitary’s growth is part of that. Civil liberties groups are mobilized. Lawsuits, investigations, international scrutiny will follow. If history is any guide, a brutal policy left unchecked today becomes standard tomorrow—and difficult to unwind.

4. Community Trust & Social Costs
ICE’s reputation is plummeting in many communities, especially among immigrants, advocates, faith institutions, and human rights defenders. When the system uses harsh tools indiscriminately, people stop cooperating: crime victims don’t report violent incidents, immigrant communities avoid public health services, children suffer. The ripple effect harms not just detainees, but social cohesion and public safety.

 
What Must Change — Your Guide to Restoring Tradition & Justice
Here are the guardrails tradition demands. If we value how things have always been done—justice under law, fairness, oversight—these are non‑negotiables.

Strict limits on solitary confinement: No more than 15 consecutive days; 22 hours isolation only in extreme, documented cases. For people with mental or physical health vulnerabilities, solitary should be off‑limits except where their safety demands it.

Mandatory reporting and monitoring: ICE must publish data facility by facility: who is in solitary, why, how long, under what oversight. Independent oversight (OMBIG, court monitors, NGOs) must have access.
Judicial oversight & legal representation: Detainees placed in solitary must have timely ability to challenge that placement. Free counsel or legal aid access must be ensured.

Clear definitions & accountability for abuse or retaliation: Any use of solitary for punishment or retaliation (for complaints, medical requests, protected expression) must be prohibited and subject to sanction.
Policy reforms and legislative constraints: Congress should pass laws restricting indefinite or near‑indefinite confinement. International norms (UN Convention Against Torture) should guide U.S. policy. Executive orders or budget decisions should enforce humane treatment.
 
What We Can Do (Citizens, Advocates, Leaders)
For those of us who believe tradition, dignity, and law matter:

  • Push for transparency: Demand data from local ICE facilities and federal agencies.
  • Support legal challenges: Public interest law firms need resources; pro bono efforts matter.
  • Promote awareness: Share stories of those harmed by solitary. Illuminate conditions behind the walls.
  • Hold policymakers accountable: Governors, state legislators, and federal representatives must be reminded of their responsibility. Voters must care.
  • Remember human faces: Policy is not an abstract. For every number there’s a person with fears, family, trauma, hope.
     
    Conclusion
    The surge of solitary confinement in ICE detention isn’t just another enforcement statistic. It's a turning point. A country built on tradition—on rule of law, fair treatment, rights even for those accused or detained—must put the brakes on this trend. Let’s not allow “extreme becomes routine.” If we don’t draw red lines now, the architecture of enforcement will swallow the architecture of justice. Solitary confinement, especially in the way it is being used, is an escalation we can’t afford—ethically, legally, or socially.