The Biden administration is frequently choosing to hold asylum seekers in detention while their case goes through the system instead of just processing them and releasing them with a court date as was the standard practice before Trump:

Biden has also started sending more migrants, most of whom have no criminal record, to US Immigration and Customs Enforcement detention. [Vox]

This policy has been protested by Human Rights Watch, Amensty International, and a slew of other organizations:

Rights Groups Oppose President Biden’s Expansion of ICE Detention:

April 25, 2024

Dear President Biden:

We write to express outrage over your administration’s expansion of the cruel and unnecessary immigration detention system. Last month, you signed a spending bill that provides historically high funding for Immigration and Customs Enforcement (ICE) detention - $3.4 billion in taxpayers’ money. Our organizations work with and advocate on behalf of people who have experienced immigration detention. They carry life long scars from the mistreatment and dehumanization they endured because of the United States’ reliance on detention, mostly through private prisons and county jails. Your administration is further entrenching this reliance, marking an utter betrayal of your campaign promises.

…

In an abrupt change of course, over the last two years, ICE has instead increased the number of people in custody. Most of the facilities on ICE’s internal closure list remain open, despite numerous reports from advocates and service providers further documenting the ineffectiveness of detention and the need for a different approach. As the political winds shifted, so did your funding requests to Congress. In October 2023, you requested supplemental detention funding, and your FY2025 budget request sought funding for 34,000 beds instead of the 25,000 sought in the two previous cycles. The result is unsurprising: the FY2024 spending bill you signed provides ICE $3.4 billion to jail an average of 41,500 immigrants per day, historically high funding surpassing all four years of the Trump administration.

…

Detention does not provide an efficient or ethical means of border processing, and it certainly does not indicate to migrants that they are welcome in the United States. It merely exists to further the political goal of deterrence, which is cruel, inhumane and misguided – as even the most punitive forms of detention have been proven not to deter people from seeking safety or a better life.

Sincerely,

18 Million Rising 
…
Amnesty International USA
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Center for Immigration Law and Policy, UCLA School of Law 
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Human Rights Watch 
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Mijente
Muslim Advocates
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Refugees International
Robert F. Kennedy Human Rights 
Showing Up for Racial Justice 
Sikh Coalition
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Unitarian Universalists for Social Justice 
…

Under Biden, ICE’s use of solitary confinement violates its own policies and guidelines and constitutes torture according to the standards of UN experts:

This report – a joint effort by Physicians for Human Rights (PHR), Harvard Law School’s Immigration and Refugee Clinical Program (HIRCP), and researchers at Harvard Medical School (HMS) – provides a detailed overview of how solitary confinement is being used by ICE across detention facilities in the United States, and its failure to adhere to its own policies, guidance, and directives.

The study reveals that immigration detention facilities fail to comply with ICE guidelines and directives regarding solitary confinement. Despite significant documented issues, including whistleblower alarms and supposed monitoring and oversight measures, there has been negligible progress. The report highlights a significant discrepancy between the 2020 campaign promise of U.S. President Joseph Biden to end solitary confinement and the ongoing practices observed in ICE detention. Over the last decade, the use of solitary confinement has persisted, and worse, the recent trend under the current administration reflects an increase in frequency and duration. Data from solitary confinement use in 2023 – though likely an underestimation as this report explains – demonstrates a marked increase in the instances of solitary confinement.

This report exposes a continuing trend of ICE using solitary confinement for punitive purposes rather than as a last resort – in violation of its own directives. Many of the people interviewed were placed in solitary confinement for minor disciplinary infractions or as a form of retaliation for participating in hunger strikes or for submitting complaints. Many reported inadequate access to medical care, including mental health care, during their solitary confinement, which they said led to the exacerbation of existing conditions or the development of new ones, including symptoms consistent with depression, anxiety, and PTSD. The conditions in solitary confinement were described as dehumanizing, with people experiencing harsh living conditions, limited access to communication and recreation, and verbal abuse or harassment from facility staff.

In the last five years alone, ICE has placed people in solitary confinement over 14,000 times, with an average duration of 27 days, well exceeding the 15-day threshold that United Nations (UN) human rights experts have found constitutes torture. Many of the longest solitary confinement placements involved people with mental health conditions, indicating a failure to provide appropriate care for vulnerable populations more broadly.

The treatment of people in immigration detention facilities and the excessive, punitive use of solitary confinement is not only contrary to ICE’s own policies and guidance but also violates U.S. constitutional law and international human rights law