Caroline Perris (University of California, Davis – School of Law) has posted Ending Coerced Sterilization in Immigration Detention (33 University of Florida Journal of Law & Public Policy, Forthcoming) on SSRN. Here is the abstract:
Recent reports of coerced sterilizations at the Irwin County Detention Center sparked nationwide public outcry. Yet systemic change to prevent ongoing coerced sterilizations in the U.S. immigration detention system remains to be seen. This article analyzes potential factors that allowed for coerced sterilizations to occur at the Irwin County Detention Center, including the historical influence of eugenics on U.S. policy and issues with informed consent and oversight. In particular, this article highlights how the use of private contractors to operate ICE detention centers prevents meaningful oversight of immigration detention centers and contributes to issues with inadequate and abusive medical care. This article concludes by providing recommendations for reforming ICE policy to prevent future coerced sterilizations, including passing federal legislation modeled after California’s S.B. 1135, a law aimed at addressing coerced sterilizations in the California prison system; revising ICE’s Performance-Based National Detention Standards; ending the use of privatized immigration detention centers; and adopting legislative reforms to improve oversight mechanisms for immigration detention facilities.