by Countable | 8.30.17
In July, the National Archives and Records Administration (NARA) published a notice stating that Immigration and Customs Enforcement (ICE) was seeking permission to destroy "records related to detainees, including incidents of sexual abuse and assault, escapes, deaths while in agency custody, telephone rates charged to detainees, alternatives to detention, logs and reports on status of detainees and detention facilities, and location and segregation of detainees."
ICE, according to the ACLU, has "proposed various timelines for the destruction of these records ranging from 20 years for sexual assault and death records to three years for reports about solitary confinement."
Various news outlets, from various political viewpoints, have reported on the controversies, violations and abuses by ICE officials through the years. As the ACLU wrote, "Many of the records that ICE proposes for destruction offer proof of the mistreatment endured by people in detention."
There have been 10 confirmed deaths in ICE custody for the fiscal year ending on September 30. In addition, according to Homeland Security data reviewed by New York University researchers, 150 people have died in ICE custody between 2003 and 2015.
NARA has provisionally approved ICE’s request. They say that in the cases of sexual assault and death, for example, the records "do not document significant actions of Federal officials."
Furthermore, NARA said that the information contained in the sexual assault files is "is highly sensitive and does not warrant retention."
ICE was founded in 2003, so it could begin destroying records related to death and sexual assault as soon as 2023. Records pertaining to solitary confinement could be destroyed starting in 2020, but depending on how you interpret the language in ICE’s proposal ICE could potentially start destroying these records as early as this year.
The ACLU is urging NARA to rethink its approval. "Keeping these documents available is necessary for the public to understand and fully evaluate the operation of a system that is notorious for inhumane and unconstitutional conditions affecting hundreds of thousands of people every year. Even 20 years is far too short for keeping the record of a death or sexual assault of an individual in government custody."
Is NARA correct in that sexual assault "information is highly sensitive and does not warrant retention"? Or does the ACLU have a point that ICE needs to leave a paper trail and keep its operations in the public eye? Hit the Take Action button, tell your reps, then comment below. We promise not to purge your comments from the public record.
(Photo Credit: U.S. Immigration and Customs Enforcement)
Written by Countable
Why would destroying these records ever be a good idea? It's erasing the past leaving us with less information to do better in the future.
Any other law enforcement entity Must keep records of rape and murder into perpetuity. Why should ICE not be held to the same standard. Digitize those records (electronic content management) in a closed environment and maintain them.
No. Electronic storage is cheap and easy. Government should not be permitted to hide its errors and inattention to human needs and suffering. These documents are possibly evidence in 1983 claims against the government for deliberate indifference. This evidence needs to be preserved so we can learn from past mistakes. We need more transparency, not less.
This is horrible. The ice police will have no one to police them. This is opening Pandora's box. Human rights in America soon will be gone for all people
This is the first step towards the police state. The government is accountable to the people! All records are public records and should not be destroyed.
We must not allow ICE to destroy their records. It is utterly corrupt to hide the wrongdoings committed by the organization, and denies the possibility of justice.
NO!!!! These records are needed for future prosecutions if the perpetuators of these crimes are caught
No they should not be destroyed. Digital technology allows for these records to be kept at least for 50 years minimum!! Even better STOP the abuse !!
This sounds like corruption and smacks of cover up.
Why? Because ICE agents wanna rape a detainee with out a pesky investigation? No they should not! Destroying records is the same destroying evidence and anyone caught doing that should be charged by the fullest extent allowed by law!
Do not destroy these documents
No. Sunshine is the best disinfectant, and the only people who want to stymie that are diseased.
Please make sure that the paper trail will not be destroyed. Keeping these documents available is necessary for the public to understand and fully evaluate the operation of a system that is notorious for inhumane and unconstitutional conditions affecting hundreds of thousands of people every year. Even 20 years is far too short for keeping the record of a death or sexual assault of an individual in government custody."
How can we even ask that question? To even ask paints a sorry picture of our nation.
While history revisionism is popular at the moment, please don't destroy any records from any government program that is relevant for future society. We can learn from the good, and the bad, of ICE.
What possible good can come from destroying these records?
Not even if the statute of limitations passed! We need those records! There are rapists that never been caught! Keep the records, test the kits and see justice finally!!
This is unconstitutional and should not be happening
Thise records should be kept. We should be policed by our own consent.