International law prohibits arbitrary detention and lays out standards for the protection of persons in detention. Despite international human rights standards, prolonged, arbitrary detention by immigration officials is common in the United States.

Lack of mandatory, enforceable detention standards. ICE Detention Standards purport to protect those in detention from ill-treatment and neglect, but the standards are not mandatory in most of the facilities which hold immigration detainees. Reports of deaths of detainees, inadequate medical care, and poor conditions of confinement are frequent. Conditions in jails, prisons and detention centers vary widely around the country. Many detainees lack access to fresh air or to in-person visits with family members, even while detained for months or even years pending the outcome of their cases.