U.S. Sen. Mark Kelly said his recent meetings with two women detained at the Eloy immigration detention center underscore the flaws of the Trump administration鈥檚 campaign to arrest as many immigrants as possible, regardless of whether they pose any threat.
鈥淏y any reasonable measure, they should not be in a prison, and I think that鈥檚 true for probably most of the people in there,鈥 Kelly, an 蜜聊直播 Democrat, said in a telephone interview with the 蜜聊直播 Daily Star on Thursday afternoon, following his visit to Eloy in Pinal County. 鈥淯nder a normal functioning government, you wouldn鈥檛 be locking these folks up.鈥
Kelly met with a grandmother named Maria Pelaez, who has lived in the U.S. for 20 years and has no criminal record, he said. Pelaez, a New Jersey resident, was detained as she entered the Marine Corps Air Station in Yuma to help her son and daughter-in-law 鈥 both U.S. Marines 鈥 care for their 2-year-old son, while the daughter-in-law recovered from surgery.
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At the Eloy Detention Center, Pelaez broke into tears when Kelly asked about the pride she felt at her son鈥檚 boot-camp graduation, Kelly recalled. Although an immigration judge approved the woman鈥檚 release from detention on bond, U.S. Immigration and Customs Enforcement is fighting that decision with an appeal, Kelly said.
鈥淭hey did not want to let her out,鈥 Kelly said. As the mother of someone willing to fight for their country, 鈥渟he is the exact type of person we should want in this country,鈥 he said.
Kelly said he also met with Kelly Yu, a Peoria restaurant owner who fled Hong Kong in 2004 and whose months-long ICE detention has generated outrage. Yu, whose U.S. citizen child attends 蜜聊直播 State University, employs 70 people at her three restaurant locations and has no criminal record, yet could be deported any day, Kelly said.
鈥淪he鈥檚 created a life here. She鈥檚 a job creator,鈥 he said. 鈥淧resent this case to any reasonable person and they would say, 鈥榃hat are we doing? Why would we throw this woman out of the country?鈥 She鈥檚 not a risk to anyone. She鈥檚 putting food on the table for 70 other families. It just doesn鈥檛 make any sense.鈥
In the Eloy Detention Center, 83% of detainees are classified by ICE as having 鈥渘o ICE threat level,鈥 meaning they have no criminal convictions, according to the most recent ICE data.
Oversight curtailed under Trump
Kelly is the latest of several Democratic U.S. legislators who have sought to conduct oversight visits at ICE detention centers, as the number of people in ICE detention reaches record levels and concerns about detention conditions are rising.
Democratic lawmakers have been turned away from ICE facilities when making unannounced visits, even though, by law, Congress members are not required to give prior notice of oversight visits.
A dozen Democratic legislators sued the Trump administration on July 30 over the prior-notice requirement it鈥檚 imposed on ICE oversight visits.
鈥淔ederal law makes it absolutely clear that members of Congress do not have to provide prior notice for those visits, for clear reasons,鈥 said U.S. Rep. Greg Stanton, D-蜜聊直播, on Friday. 鈥淭hat way we don鈥檛 get a curated visit. We get an impromptu visit, so we can see conditions as they actually are.鈥
Turned away after an unannounced visit to Eloy in July, Stanton scheduled an Eloy visit on Aug. 5 and met with 20 detainees who shared 鈥渆ye-opening鈥 stories, Stanton told the Star. The detainees included asylum seekers and people who said they鈥檝e lived in the U.S. for decades and have no criminal record, he said.
鈥淭he president talked about enforcement of immigration laws by going after violent criminals,鈥 Stanton said. 鈥淭hat鈥檚 not what鈥檚 actually happening.鈥
U.S. Rep. Yassamin Ansari, D-蜜聊直播, conducted a surprise oversight visit at Eloy in May, in which she said she encountered 鈥渟ickening鈥 detention conditions. Last month, Ansari said she was denied the opportunity to speak with three detainees, including Yu, who had given permission to speak with Ansari during a scheduled July 19 visit.
Neither ICE nor the Department of Homeland Security responded to the Star鈥檚 repeated inquiries about why Ansari wasn鈥檛 permitted to speak with the detainees.
Rep. Yassamin Ansari speaks to reporters after her unannounced May oversight visit to the Eloy Detention Center, where she said she heard about 鈥渟ickening鈥 conditions from detainees.
In a statement, an unnamed DHS spokesperson said Ansari still would have been allowed to tour the facility.
鈥淎fter being told that Ansari would be unable to speak with detainees, her office did not even show up or have the courtesy to send a cancellation notice to ICE,鈥 the DHS statement said. 鈥淎ny claim that there are subprime conditions at ICE detention centers are FALSE. All detainees are provided with proper meals, medical treatment, and have opportunities to communicate with their family members and lawyers. Ensuring the safety, security, and well-being of individuals in our custody is a top priority at ICE. ICE has higher detention standards than most U.S. prisons that hold actual U.S. citizens.鈥
An August from Sen. Jon Ossoff, D-Georgia, identified more than 500 鈥渃redible reports of human rights abuse鈥 in U.S. immigration detention centers since January.
Advocates say concerns about inhumane detention conditions will only worsen as ICE arrest numbers rise, and as DHS scrambles to construct more detention space.
蜜聊直播 鈥楢lligator Alcatraz鈥?
This week, Homeland Security Secretary Kristi Noem named 蜜聊直播 among possible states that could house a new state-run immigration facility like 鈥淎lligator Alcatraz,鈥 which DHS hastily erected in the Florida Everglades.
DHS has not yet contacted Democratic Gov. Katie Hobbs鈥 office about the possibility, but 鈥渋f they did ask, we would not participate,鈥 Hobbs鈥 spokesman Christian Slater said in an email.
Kelly said he鈥檚 opposed to the idea, and to the allocation of so much taxpayer money to incarcerating immigrants who pose no public safety threat, at the expense of public spending in areas such as education and scientific research.
鈥淲e are now investing in the wrong thing. We鈥檙e going to invest in prisons for people who are no threat to anybody? That doesn鈥檛 make sense,鈥 Kelly said.
An Immigration and Customs Enforcement correctional center in Eloy.
In July, Congress approved $170 billion for immigration and border enforcement, including $45 billion for building new ICE detention facilities and $30 billion for ICE enforcement and deportation operations.
鈥淭he budget of ICE is going to be bigger than the U.S. Marine Corps in a heartbeat,鈥 said Kelly, a Navy combat veteran.
鈥楳oment鈥 for immigration reform?
Public support for immigration has been rising in the U.S. A July Gallup found a record-high 79% of respondents say immigration is a good thing for the country.
The shift in public sentiment comes as the Trump administration has targeted not only undocumented immigrants with criminal records, but increasingly people without any criminal history, or with minor non-violent offenses, who have lived in the country for decades.
鈥淢ass deportation involves deporting our neighbors, our friends, our colleagues, people our kids go to school with,鈥 Stanton said. 鈥淎nd it turns out, deporting these individuals is very unpopular with the American people.鈥
Trump鈥檚 DHS is also arresting and deporting legal immigrants and asylum seekers who entered the U.S. with the government鈥檚 permission and proper documentation. ICE agents have been waiting at immigration courthouses to arrest people attending required hearings.
Kelly said it could be the right moment for Congress to finally enact comprehensive immigration reform, as well as protections for 鈥淒reamers,鈥 unauthorized immigrants brought to the U.S. as children.
鈥淢aybe this is a moment we could do something that鈥檚 positive,鈥 Kelly said. 鈥淚 know a bunch of my Republican colleagues, they get it. They don鈥檛 think we should be deporting 10 million people, despite what the president of the United States says. They do not all agree with that. That鈥檚 not a reasonable system that helps us as a nation.鈥
Stanton agreed now could be the time to 鈥渂uild an immigration system that supports and grows the American economy,鈥 including supporting the agriculture and health-care industries and talented international students. He also supports giving Dreamers a path to citizenship, a proposal with broad public support.
With the southern border secure, 鈥淣ow is the time to have those conversations,鈥 Stanton said. 鈥淲e need immigration policies that support the aging of America, in terms of taking care of our seniors, parents and grandparents. We鈥檙e going to need a visa system that brings in a trained work force in that important area.鈥
Nearly 70% of likely voters support a path to citizenship for undocumented immigrants who have lived in the U.S. for at least 10 years and are married to a citizen, and 64% support a path to citizenship for those brought to the U.S. as children, a May from Data for Progress found.
Immigration experts say Congress has poured money into border and ICE enforcement, without tackling common-sense immigration reforms that would help fix the system, such as adding more immigration judges and asylum officers.
Republicans have blocked multiple attempts to modernize the immigration system, which hasn鈥檛 been updated in three decades.
Less than 1% of people who want to move to the U.S. have a legal pathway to do so, to the Cato Institute, and long-time undocumented immigrants face a potential 10-year ban from the U.S., under a Clinton-era law, if they try to regularize their status.
Kelly said he had issues with the Biden administration鈥檚 handling of the southern border, amid a global increase in migration, until Biden imposed controversial restrictions on asylum access in mid-2024.
But under Trump, Kelly said, 鈥淲e鈥檙e wildly swinging in the other direction, in a way that is not in the best interest of this country.鈥
Advocates say Biden violated U.S. law with his June 2024 asylum restrictions, which have been credited with reducing the number of migrants crossing the U.S.-Mexico border to seek asylum.
In May, a federal court that most of Biden鈥檚 asylum restrictions violated U.S. immigration law that allows people to request asylum once on U.S. soil, regardless of how they entered the country.
Long-standing problem
Problems with immigration detention conditions are long-standing, but appear to be worsening under Trump, as the administration has dramatically curtailed oversight offices that receive and investigate complaints, including the DHS Office of Civil Rights and Civil Liberties, said Liz Casey, social worker on the advocacy team at the nonprofit Florence Immigrant and Refugee Rights Project.
Casey has heard from ICE detainees about problems accessing medical care, unclean conditions, broken air conditioning, verbal abuse and discrimination by guards, as well as overcrowding and understaffing in ICE detention facilities.
鈥淣ot having any oversight seemingly is making conditions and abuses significantly worse,鈥 she said, based on recent anecdotal accounts from detainees. 鈥淭here needs to be truly independent oversight, with actual accountability and consequences when rights are violated.鈥
A spokesman for CoreCivic, the private company that runs the Eloy Detention Center and Florence Correctional Complex, said CoreCivic takes the health and safety of its detainees seriously.
鈥淥ur immigration facilities are monitored very closely by our government partners at ICE, and they are required to undergo regular review and audit processes to ensure an appropriate standard of living and care for all detainees,鈥 said public affairs manager Brian Todd in a Friday email.
Immigration detention is civil in nature, intended to hold people during removal proceedings, rather than as punishment for a crime, according to the Bipartisan Policy Center.
Casey said immigration detention is 鈥渋nherently inhumane,鈥 and she鈥檚 concerned by the Trump administration鈥檚 resistance to unannounced congressional oversight visits.
鈥淲e are very grateful that people are using their congressional power to do any type of visits or oversight right now. It鈥檚 still extremely useful,鈥 she said. 鈥淏ut unannounced inspections would be much more like true oversight.鈥
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