Battling Prison Rape: Immigration Detainees Deserve Protection, Too

“Mayra Soto, a woman who suffered persecution for her sexual orientation in Mexico, was once raped in a Mexican jail. She later fled to the United States and was incarcerated in an immigration detention facility, where she was once again raped – this time, by an immigration detention officer. Horror at custodial abuses like Mayra's pushed the Senate and the House of Representatives to unanimously pass the Prison Rape Elimination Act (PREA) of 2003. The intent of PREA to include immigration detention in its standards is clear. The statute defines ‘prison’ to mean ‘any confinement facility of a Federal, State, or local government, whether administered by such government or by a private organization on behalf of such government.’ And statements in the House Judiciary Committee report emphasize the application of the statute's protections to both criminal and civil detainees.”