U.S. Immigration and Customs Enforcement (ICE) has released a Ukrainian immigrant who was held for several days in a basement detention facility in San Diego, following mounting concerns from advocates over her treatment and living conditions. The woman, who fled the war in Ukraine and sought safety in the United States, was reportedly confined in an underground holding area with limited access to natural light, communication, and basic amenities. Her case, first detailed by KPBS, has intensified scrutiny of ICE’s detention practices, particularly regarding migrants escaping active conflict zones, and has prompted renewed calls for transparency and oversight of facilities along the southern border.
Basement detention raises questions over ICE treatment of vulnerable migrants in San Diego
Advocates say the woman’s account of being kept for days in a windowless, basement-level holding area – without clear access to legal counsel or regular medical screenings – exposes long-standing concerns about how immigration authorities treat people deemed medically or psychologically vulnerable. Civil rights groups argue that improvised or off-site holding spaces lack transparency and adequate oversight, making it difficult to verify conditions or ensure compliance with federal standards. They point to similar complaints from asylum seekers and recent arrivals who describe cold temperatures, limited access to hygiene, and inconsistent information about their legal status. The agency maintains that all facilities meet basic requirements, but watchdog organizations insist that ad hoc detention spaces fall into a regulatory gray zone.
The incident has renewed calls for independent monitoring and clearer protocols when migrants with potential trauma, chronic illness, or recent displacement are taken into custody. Local organizers and legal experts are urging policymakers to consider alternatives to confinement in such environments, including short-term community shelters and supervised release. Key concerns raised by advocacy groups include:
- Lack of sunlight and ventilation in below-ground spaces
- Limited medical and mental health screening for new arrivals
- Barriers to legal representation during initial processing
- Insufficient documentation of who is held, and for how long
| Issue | Advocates’ Concern | Suggested Change |
|---|---|---|
| Hidden facilities | No regular oversight | Public facility registry |
| Vulnerable detainees | Risk of untreated trauma | Mandatory screenings |
| Access to counsel | Limited communication | Immediate legal referrals |
Inside the hidden holding facilities how conditions affect due process and mental health
Out of public sight, basement holding sites and windowless rooms become the first point of contact with the U.S. legal system for many asylum seekers. In these spaces, fluorescent lights often remain on around the clock, meals arrive at irregular times, and people report being denied access to phones or interpreters for hours or days. Attorneys say these conditions can quietly erode basic rights by making it harder for detainees to understand forms, remember crucial dates and articulate fear-based claims. Advocates describe a pattern in which key due process safeguards are weakened not just by policy, but by the physical and psychological environment of confinement.
- Limited phone access delays contact with lawyers and family.
- Continuous noise and lighting disrupt sleep and concentration.
- Unclear rules and scarce translation deepen confusion and anxiety.
- Restricted movement and isolation intensify feelings of powerlessness.
| Condition Reported | Impact on Legal Rights | Mental Health Effect |
|---|---|---|
| Sleep deprivation | Hinders clear testimony | Heightens stress, irritability |
| No private legal calls | Chills communication with counsel | Reinforces distrust, fear |
| Prolonged isolation | Reduces willingness to appeal | Risk of depression, panic |
Mental health professionals warn that even short stays in such environments can trigger or worsen trauma, particularly for people fleeing war or political violence. Confusion about legal status, coupled with a lack of information about what comes next, can create a cycle in which migrants become more withdrawn exactly when they need to advocate for themselves. As public scrutiny increases, civil rights groups are pressing for transparent standards, regular site inspections and documented mental health screenings, arguing that the integrity of immigration proceedings is directly tied to the conditions inside these hidden facilities.
Legal advocates call for transparency oversight and adherence to international asylum standards
In the wake of the San Diego detention, immigrant rights attorneys and humanitarian organizations are urging federal authorities to submit detention operations to independent monitoring and to disclose conditions inside short-term holding sites. They argue that without clear public reporting on length of confinement, access to legal counsel, and medical and mental health screenings, the United States risks violating binding refugee protections under instruments such as the 1951 Refugee Convention and the Convention Against Torture. Advocates are also pressing Congress to mandate that all facilities used for asylum processing-whether official detention centers or temporary off-site locations-comply with standards on sanitation, ventilation and privacy, especially for women and children.
Groups working at the border are calling for a series of concrete safeguards to prevent similar cases from happening out of public view. Their proposals include:
- Real-time access for lawyers and accredited representatives to individuals in custody.
- Public dashboards reporting basic data on detentions, transfers and releases.
- Routine unannounced inspections by independent oversight bodies and community observers.
- Clear complaint mechanisms for migrants, with protection from retaliation.
| Key Standard | What Advocates Demand |
|---|---|
| Transparency | Public reports on facility use and conditions |
| Oversight | Independent monitoring with full site access |
| Due Process | Timely access to counsel and case information |
| Protection | Compliance with international asylum obligations |
Policy recommendations for DHS and Congress to prevent secretive long term detentions
Lawmakers and federal officials face growing pressure to close the legal and logistical gaps that allow people to be held for days in off-the-books facilities. Advocates urge Congress to mandate real-time public reporting of all detention locations, including temporary and “overflow” sites, with daily population counts, average length of stay and facility conditions. DHS, in turn, could be required to adopt strict time limits on short-term custody, automatic judicial review for anyone held beyond 48 hours, and independent medical and mental health screenings for those placed in non-traditional or basement-style units. Civil rights groups want those safeguards backed by whistleblower protections so staff can report abuses or hidden sites without fear of retaliation.
To give those rules teeth, policy experts are calling for binding inspection powers for outside monitors and sharply defined penalties when agencies fail to comply. Congress could tie a portion of DHS and ICE funding to compliance with transparency benchmarks, while ordering public posting of inspection reports in multiple languages so families and attorneys can track where migrants are held. Legal scholars also recommend codifying access to counsel within 24 hours of detention, and requiring that any facility without phone and video access be automatically barred from housing detainees. The following table illustrates key proposals under discussion:
| Policy Area | Key Change |
|---|---|
| Transparency | Public list of all DHS/ICE facilities, updated daily |
| Time Limits | Judicial review after 48 hours in custody |
| Access to Counsel | Attorney contact guaranteed within 24 hours |
| Oversight | Independent inspections with published findings |
| Enforcement | Funding penalties for non-compliant agencies |
The Conclusion
As the woman reunites with her family and begins to process the ordeal she says she endured, advocates argue her experience underscores the need for greater transparency and oversight of immigration detention practices, particularly in short-term holding facilities that are rarely seen by the public.
ICE officials maintain that they follow federal guidelines and insist that all detainees are treated humanely, but civil rights groups and local leaders are calling for independent investigations and clearer standards governing the use of such spaces.
For now, questions remain about how many others may have passed through similar facilities, what conditions they faced, and what accountability mechanisms exist when detainees allege mistreatment. The answers, immigrant advocates say, will help determine whether this case is an isolated incident or a symptom of deeper, systemic problems within the nation’s immigration enforcement system.
