Abuses

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One of the most revealing findings of this report concerns the prevailing lack of action taken by CBP officials in response to the complaints received.

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All Abuses Content

  • Amicus Briefs

Ferino-Sanchez v. Sessions — Fourth Circuit

Publication Date: 
March 27, 2017
This amicus brief arguing that any Fourth Amendment violation by state and local law enforcement officers — not just egregious Fourth Amendments violations — should require the suppression of evidence in immigration court proceedings, which is the same standard that applies in the criminal justice arena.
  • Legal Resources and Litigation

Statement for the House Judiciary Committee on "Oversight of the United States Immigration and Customs Enforcement"

September 16, 2016
The statement calls to attention our concerns about over-broad enforcement actions and detention of asylum seekers and families.
  • Litigation

Challenging Unconstitutional Conditions in CBP Detention Facilities

The class-action lawsuit complaint alleges that Tucson Sector Border Patrol holds men, women, and children in freezing, overcrowded, and filthy cells for days at a time in violation of the U.S. Constitution and CBP’s own policies.
  • Amicus Briefs

Avalos-Palma v. United States - District Court for the District of New Jersey

Publication Date: 
January 21, 2014
The American Immigration Council and National Immigration Project of the National Lawyers Guild (NIPNLG) are seeking to preserve federal court review of damages actions brought by noncitizens for abuse of authority by immigration agents.
  • Amicus Briefs

Ashcroft v. Abbasi (formerly Turkman v. Ashcroft) – U.S. Supreme Court

Publication Date: 
October 4, 2013
The Council, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), is seeking to preserve federal court review of damages actions brought by noncitizens for abuse of authority by immigration agents. In actions brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the government routinely moves to dismiss these cases on a variety of jurisdictional grounds, including by arguing that INA § 242(g) bars the court’s review of damages claims in any case involving removal procedures, and that a remedy under Bivens is not available in immigration-related actions. In essence, the government is attempting to deprive those who have been harmed by immigration agents of any remedy in federal court.
  • FOIA

Border Patrol Involvement in Translation and 911 Dispatch Activities FOIA

Advocates in states along the northern border of the United States have reported that Border Patrol agents frequently “assist” other law enforcement agencies by serving...

  • Blog

The Senate Reveals CBP Violated the Law by Rounding Up Migrants — In Guatemala

October 19, 2020

As the Trump administration cracked down on migrants at the U.S.-Mexico border, it has often invoked the concept of “national sovereignty” to justify drastic policy changes. But a new Senate...

  • Blog

Border Patrol is Going After Humanitarian Aid in the Arizona Desert—Again

October 15, 2020

U.S. Customs and Border Protection (CBP) launched another military-style raid on a humanitarian aid station in the Arizona desert, close to the U.S.-Mexico border. On October 5, Border Patrol...

  • Blog

This Immigration Enforcement Agency Wants To Destroy Records on Abuses by Its Own Agents

October 2, 2020

U.S. Customs and Border Protection (CBP) plans to destroy thousands of records documenting abuse and misconduct by its agents. The agency has requested that the National Archives and Records...

  • Blog

Women in ICE Detention Given Hysterectomies Without Their Consent

September 15, 2020

A whistleblower has come forward to expose serious allegations of medical malpractice at a for-profit U.S. Immigration and Customs Enforcement (ICE) detention center in Ocilla, Georgia. The...

  • Blog

Hurricane Laura Devastated ICE Facilities, Leaving People Detained in Horrific Conditions

September 3, 2020

Days after Hurricane Laura tore through Louisiana, the situation for people held in U.S. Immigration and Customs Enforcement (ICE) facilities remains critical. ICE reportedly evacuated at least...

  • Blog

Institutional Racism Is Rampant in Immigration Enforcement at the U.S.-Mexico Border

September 2, 2020

A Black former U.S. diplomat recently shared her experience of months of racial profiling by U.S. Customs and Border Protection (CBP) officials while she was stationed at the U.S. Consulate in...

  • Blog

The Stories From Immigration Nation ICE Didn’t Want You to See

August 17, 2020

Immigration Nation, a six-episode docuseries that provides a rare view of the internal workings of immigration enforcement—and its impact on individuals and families—began streaming on Netflix in...

  • Blog

Deaths in Immigration Detention Are at a Record High. ICE Can Prevent the Next One.

August 10, 2020

Three men died in U.S. Immigration and Customs Enforcement (ICE) custody on within a week of each other. Two of the men died in hospitals after being diagnosed with COVID-19, while the other died...

  • Blog

Border Patrol Raids Camp in Retaliation Against Humanitarian Aid Workers

August 3, 2020

The United States Border Patrol raided a humanitarian aid camp in Arizona on July 31, detaining volunteers and over 30 people receiving care. The camp—known as Byrd Camp—is run by No More Deaths (...

  • Blog

Government Secretly Held Asylum-Seeking Children in Hotels

July 29, 2020

The Trump administration has been detaining immigrant children in hotels along the Texas-Mexico border and in Arizona. Some of the children are just a year old and are held in the hotels for weeks...

  • Press Release

Federal Court Orders ICE to End Unlawful Detention of Immigrant Youth Who Turn 18 in Federal Custody

September 22, 2021
A district court judge in Washington, D.C., ruled that ICE broke the law by detaining unaccompanied children who turned 18 and “aged out” of Office of Refugee Resettlement custody. The court ordered the agency to change its practices and procedures to avoid further unlawful detentions.
  • Blog

Del Rio Migrant Camp Shows How Biden Administration Is Not Living Up to Its Promises

September 21, 2021

Roughly 14,000 Haitians arrived at the border across from Del Rio, Texas in mid-September and walked across the Rio Grande to seek asylum. Many first left Haiti in 2010 following a devastating...

  • Amicus Briefs

Amicus Brief Filed with Supreme Court of Michigan in Support of State FOIA Request in Wrongful Detention Case

Publication Date: 
September 10, 2021
In the amicus brief filed with the Supreme Court of Michigan, the Council and partners reject Calhoun County's position to withhold records that otherwise would be released under the Michigan state FOIA.
  • Practice Advisories

Bivens Basics: An Introductory Guide for Immigration Attorneys

Publication Date: 
July 19, 2021
This practice advisory provides an overview of the Supreme Court’s decision in Bivens, the benefits and risks of bringing a Bivens claim, and practical and legal information about filing a Bivens claim in federal court.
  • Blog

ICE Spread COVID-19 Across the Country, Not Just in Immigration Detention Centers

May 26, 2021

U.S. Immigration and Customs Enforcement (ICE) mishandled the coronavirus outbreak in detention centers so badly that it not only lead to horrific conditions and deaths among people in its custody...

  • Press Release

Advocates Seek Answers to Reports of Discriminatory Treatment of Black Immigrants in ICE Detention

May 18, 2021
The Council and Black Alliance for Just Immigration filed 10 FOIA requests to uncover what is happening inside immigration detention facilities and how ICE treats incarcerated Black immigrants in Louisiana, Mississippi, and Texas.
  • FOIA

Scrutinizing the Treatment and Conditions Black Immigrants Face in Detention

The Council and Black Alliance for Just Immigration (BAJI) are investigating the abuse and mistreatment of Black immigrants in ICE detention facilities located in Louisiana, Mississippi, and Texas.
  • Blog

Controversial Practice of Detaining and Interrogating Immigrant Advocates Included Legal Service Providers in El Paso

May 17, 2021

Newly revealed government documents provide details on the extent of the Trump administration’s retaliation against people who provided legal assistance to asylum seekers at the U.S.-Mexico border...

  • Letters

Council and Broad Coalition Urge Department of Homeland Security to Withdraw Records Destruction Plans

Publication Date: 
May 3, 2021
In this letter, the Council and a diverse coalition call on the Biden administration to stop and reevaluate plans to destroy immigration agency records documenting abuse and misconduct.
  • Blog

Firsthand Experiences Inside ICE Facilities During the Pandemic Underscore Why Immigration Detention Should be Abolished

April 22, 2021

This blog is the second in a three-part series examining President Biden’s first 100 days in office from the Immigration Justice Campaign. Many of us will always vividly remember the fear and lack...

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