Immigration and Customs Enforcement released revised detention standards Monday that reduce requirements for private contractors while maintaining minimal pay for detainee labor, drawing criticism from former federal officials who warn the changes eliminate accountability and threaten detainee safety.

Contractors Get Operational Flexibility

The new standards explicitly state that detainees performing voluntary work programs are not employees and therefore not entitled to wages beyond the current one dollar per day. ICE said the revisions, developed with input from detention facility operators, aim to reduce the burden on contractors managing approximately 60,000 detainees. The agency is moving toward standards similar to those used by the U.S. Marshals Service for federal pretrial inmates. Contractors can now use artificial intelligence tools for communication with detainees in what ICE defines as noncritical situations.

Michelle Brane, who served as Department of Homeland Security ombudsman overseeing detention practices during the Biden administration, said the changes will deteriorate already problematic conditions. She characterized the revisions as eliminating accountability and oversight, showing no concern for detainee rights or safety. The timing comes as ICE received over half of the 70 billion dollar immigration enforcement spending bill President Donald Trump signed last week.

Medical Care And Translation Concerns

Dr. Homer Venters, a correctional health care expert, warned the standards could limit language assistance by removing requirements for in-person and telephone interpretation services. Facilities may now deploy machine-learning translation or generative AI for intake procedures, housing unit conversations, and grievance responses. Venters called this alarming because grievances often contain urgent information about denied medical care, and the rule leaves unclear whether AI could conduct health assessments critical for identifying medical and mental health conditions.

Another change prevents facilities from refusing any detainee ICE sends them, even if they cannot provide adequate care for severely ill or disabled individuals. While facilities can request transfers, experts say this protects contractors from liability for deaths while potentially delaying critical medical attention for days after admission.

Deaths Reach Unprecedented Levels

The revisions arrive as ICE detention facilities report deaths in unprecedented numbers and face accusations of medical neglect, inadequate food, and inhumane conditions. Dr. Sanjay Basu, a public health researcher studying ICE custody deaths, acknowledged genuine improvements to suicide prevention and mental health standards but said the overall direction moves toward weaker standards governing a growing detained population. ICE maintains the changes streamline rules while ensuring contractors provide interpretation services at no cost to detainees.