The ankle monitoring system, which was created to monitor the whereabouts of immigrant families, has drawn a lot of attention because of its significant impact on immigration laws and the lives of those whom they affect. The main objective of this program is to guarantee that immigrant families show up for their asylum hearings and don’t avoid the appropriate legal procedures in American society. Families that fail to complete their screenings now face deportation in weeks, as opposed to the lengthy asylum process that frequently ends in denials. This is a major change from the usual practice of going through years-long proceedings.
Originally instituted in 2004 as a purportedly “humane” alternative to detention for immigrants awaiting their court cases, the program aimed to monitor participants while facilitating access to social services, as reported by The Guardian. Under the Biden administration, the program continues to target families from specific countries, such as Guatemala, Honduras, El Salvador, Ecuador, and Colombia, viewed as candidates for expedited deportation due to perceived streamlined removal procedures. However, certain nationalities, including migrants from Venezuela, Cuba, Senegal, India, and Nepal, are now excluded from participation due to the complexities surrounding their deportation processes.
The present condition of this program under the Biden administration reflects a recalibration in immigration enforcement strategies. According to the LAW360 news agency, a recent report by the Vera Institute of Justice, a prominent national nonprofit advocating for immigrants’ rights and criminal justice reform, highlighted a significant surge in the number of adult noncitizens placed under electronic monitoring by ICE. The figures reveal that between 2021 and 2022, the number of individuals subjected to electronic monitoring more than tripled, reaching a staggering 360,000. Building on this expansion, in 2023, ICE further broadened the scope of its electronic monitoring program to include families of migrants seeking asylum. Under this initiative, each family’s primary caregiver is mandated to wear an ankle monitor and utilize the SmartLINK application, aiming to enhance tracking and supervision throughout their immigration proceedings. According to insights from the ABA Commission report, the average duration of electronic monitoring was about 550 days as of September 2023.
However, concerns have been raised regarding the implications of this widespread use of ankle monitors and cellphone applications for monitoring migrants. A report commissioned by the American Bar Association underscored significant apprehensions surrounding civil liberties and due process in this context. The ABA Commission on Immigration further highlighted that agencies operating under the U.S. Department of Homeland Security routinely compel undocumented immigrants to wear ankle monitors or install cellphone applications, even in cases where such measures may not be warranted. This practice has subjected migrants to various challenges, including discomfort and pain caused by tightly strapped ankle monitors, as well as the intrusive nature of SmartLINK, which prompts migrants to capture and submit photos or communicate with immigration authorities at unpredictable intervals throughout the day and night.
Denise L. Gilman, co-director of the immigration clinic overseeing the report, informed Law360 that hundreds of thousands of individuals, many of whom are asylum seekers, undergo monitoring daily. By December 2023, ICE had placed electronic monitoring on over 190,000 migrants, as detailed in the report. Moreover, findings from a 2021 survey cited in the report indicate that the use of ankle monitors has detrimental effects on mental well-being. Approximately 88% of migrants surveyed in New York City reported adverse impacts on their mental health due to electronic monitoring.
Sandra, a Colombian seeking refuge, was caught in a race against time one evening in California, as detailed by The New York Times, in a poignant example of the difficulties experienced by migrants under this system. Sandra became anxious when she discovered it was after 10 p.m. while at a birthday party for her 15-year-old son. They had to hurry home before the U.S. immigration officials’ 11 p.m. curfew. Their difficult journey through the strict monitoring measures shows the challenges faced by asylum-seekers like Sandra and her son, Justin, as they deal with the complexities of immigration in the United States.
The report, “Electronic Monitoring of Migrants: Punitive not Prudent,” is Here: