Detention
Introduction to Habeas Corpus
This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.
Supreme Court to Consider Whether DHS Can Subject Noncitizens to Prolonged, Mandatory Detention
Last month, the Supreme Court announced that, in fall 2016, it will hear arguments in Jennings v. Rodriguez, a challenge to the prolonged detention of noncitizens in removal proceedings. At issue is whether the government can keep a noncitizen who is fighting her deportation case locked up for however… Read More
Ninth Circuit Decision Should Prompt End to Family Detention
The Ninth Circuit Court of Appeals ruled Wednesday that the Flores Settlement (a 1997 agreement that set legal standards for the detention and release of immigrant children) applies to both unaccompanied and accompanied minors. The Court also found that neither Immigration and Customs Enforcement’s (ICE) detention and release policies at existing… Read More
Photographic Evidence of Conditions in CBP’s Short-Term Detention Facilities “Hieleras” Revealed
A judge in Arizona unsealed photographs central to ongoing litigation challenging deplorable and unconstitutional conditions in Border Patrol’s short-term detention facilities in the Tucson Sector. The never-before-seen-photos show the inside of facilities known as “hieleras” or ice-boxes—a term coined by those held in the frigid concrete cells. The… Read More
Artesia FOIA
On August 22, 2014, the American Immigration Council, in collaboration with the American Civil Liberties Union, the National Immigration Project of the National Lawyers Guild, the National Immigration Law Center, Van Der Hout Brigagliano & Nightingale LLP, and Jenner & Block, filed this lawsuit in the federal district court for the District of Columbia. The case was a systemic challenge to the policies denying a fair deportation process to mothers and children detained in the Artesia Family Residential Center who had fled extreme violence, death threats, rape, and persecution in Central America and come to the United States seeking safety. Read More
Public Radio Report Mischaracterizes U.S. Asylum Process
Media outlets are reporting on the uptick in the number of individuals crossing the southern border into the U.S. This trend is not surprising given the ongoing violence in Central America. The conditions in the region are not significantly improving by any measure, and as a result people continue to flee while the Administration’s refugee “deterrence policy” fails to deter many. Read More
Texas Judge Continues to Delay the Licensing of State Detention Centers as Childcare Facilities
On Friday, a Texas judge extended the temporary restraining order preventing Texas from licensing the Dilley detention center as a childcare facility. Dilley is one of two privately operated detention centers in Texas that house Central American mothers and children who fled violence and poverty in their home countries and are seeking protection in the United States. Read More
Mothers Held in Family Detention Centers Ask for Support from White House Mothers
Mothers who risked everything to flee horrific violence in their home countries, only to be held in immigration detention, gathered alongside advocates in front of the White House earlier this week in honor of Mother’s Day. The event, “Let Hope Bloom,” called on mothers in the administration to immediately visit… Read More
New Data Sheds Light on Sprawling, Often For-Profit, Immigration Detention System
It is easy to forget at times just how sprawling and labyrinthine the U.S. immigration detention system truly is. But this is an important fact to keep in mind. Due to the sheer size and complexity of the detention system, detainees are easily “lost” to their family members and attorneys. Read More
Berks Detention Center Employee Convicted of Sexual Assault of Young Honduran Mother
A judge in Pennsylvania this week sentenced Daniel Sharkey, a 41-year-old former counselor at the Berks County Residential Center, to six to twenty three months of jail time. Sharkey previously worked at the county-run detention center for children and their parents. His sentence came down after he pled guilty… Read More
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