Detention

Recent Features

  • Litigation

Challenging Unconstitutional Conditions in CBP Detention Facilities

We have filed a class-action lawsuit challenging detention conditions in U.S. Customs and Border Protection (CBP) detention facilities. The 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.

All Detention Content

  • Special Report

The Perils of Expedited Removal

May 9, 2017
Detained asylum seekers encounter numerous challenges, including the following problems detailed in this report.
  • Fact Sheet

U.S. Citizen Children Impacted by Immigration Enforcement

March 28, 2017
Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
  • Special Report

Divided by Detention: Asylum-Seeking Families’ Experiences of Separation

August 31, 2016
This report examines what happens when “family detention” does not actually keep loved ones together and profiles the experiences of five asylum-seeking families who are divided by detention.
  • Special Report

Detained Beyond the Limit

August 18, 2016
This report reveals that individuals are frequently held for days and sometimes even months in holding cells in Border Patrol sectors along the U.S.’ southwest border.
  • Special Report

Hieleras (Iceboxes) in the Rio Grande Valley Sector

December 17, 2015
These accounts reveal the markedly dehumanizing conditions to which these women were subjected while in Border Patrol custody.
  • Special Report

A Humane Approach Can Work: The Effectiveness of Alternatives to Detention for Asylum Seekers

July 22, 2015

For decades, the U.S. refugee protection system has been a symbol of the nation’s generosity and openness to the world’s persecuted. Yet since Congress’ enactment of the Illegal Immigration Reform...

  • Fact Sheet

Way Too Long: Prolonged Detention in Border Patrol Holding Cells, Government Records Show

June 10, 2015

Each year, the Border Patrol, a division of U.S. Customs and Border Protection (CBP), holds hundreds of thousands of people in detention facilities near the southern border that are...

  • Special Report

Locked Up Without End: Indefinite Detention of Immigrants Will Not Make America Safer

October 6, 2011
One of the ugliest myths in the immigration debate is that immigrants are more likely to commit crime or pose a danger to society. Although studies repeatedly have shown that immigrants are less...
  • Fact Sheet

Rep. Lamar Smith’s “Keep Our Community Safe Act of 2011” Creates More Problems than Solutions

July 6, 2011
One of the ugliest myths in the immigration debate involves the relationship between immigrants and crime. While studies repeatedly have shown that immigrants are less likely to commit crimes than...
  • Fact Sheet

Legal Fiction Denies Due Process to Immigrants

October 1, 2004
Over a thousand noncitizens face indefinite detention in the United States on the basis of a meaningless legal technicality.
  • Litigation

Challenging ICE Interference with Legal Representation at Dilley

This case stems from Immigration and Customs Enforcement's (ICE) decision to bar Caroline Perris, a full-time legal assistant with the Dilley Pro Bono Project (DPBP), from entering the South Texas Family Residential Center in Dilley, Texas.
  • Amicus Briefs

Jennings v. Rodriguez - Ninth Circuit

October 25, 2016
The American Immigration Council, in collaboration with the American Immigration Law Association, filed an amicus brief in the case Jennings v. Rodriguez, calling for the Court to overturn Demore v. Kim and end mandatory detention.
  • 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.
  • Litigation

FOIA Lawsuit on Use of Expedited Removal Against Families

On October 21, 2014, the American Immigration Council, the American Civil Liberties Union, and the National Immigration Project of the National Lawyers Guild, with co-counsel, the National Immigration Law Center and Jenner & Block LLP, filed a lawsuit under the Freedom of Information Act to compel the release of government documents regarding the use of the expedited removal process against families with children, including those detained by the Department of Homeland Security (DHS) in Artesia, New Mexico. The suit was filed in the federal district court for the Southern District of New York.
  • Litigation

Systemic Challenge to Policies at Artesia

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.
  • FOIA

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.
  • Advocacy

Comments on U.S. Immigration and Customs Enforcement Draft Detainer Policy

Recommendations that DHS promulgate new regulations that ensure more effective oversight over the issuance of detainers and better protection for those subject to detainers.

  • Advocacy

Response to DHS's request for comments in connection with a review of existing regulations (submitted April 13, 2011)

Reducing Regulatory Burden; Retrospective Review Under Executive Order 13563, 76 Fed. Reg. 13526 (Mar. 14, 2011)
  • Practice Advisories

Introduction to Habeas Corpus

June 1, 2008

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.

  • Blog

Three-Year-Old Immigrant Child Released After Two Years of Detention

August 9, 2017

An immigration judge ordered the immediate release of a three-year-old immigrant child and his mother from a detention center in rural Pennsylvania on Monday, stating that it was one of the most...

  • Blog

Massachusetts’ Highest Court Declares Immigration Detainers Are Unenforceable

July 28, 2017

The Massachusetts Supreme Judicial Court issued a unanimous decision on Monday holding that Massachusetts court officers may not arrest and detain immigrants based solely on a detainer. Although...

  • Blog

Trump Administration Targeting Immigrant Children Is a New Low

July 27, 2017

The recent trend of broadly labeling unaccompanied immigrant children as criminals and gang members is just the latest in a series of attacks on some of the most vulnerable individuals in the U.S...

  • Blog

Six Months of Immigration Enforcement Under the New Administration

July 21, 2017

Now that we have passed the six-month mile marker of the new administration, the wheels of immigration enforcement have had a chance to settle into their new rhythms. Enforcement targets have...

  • Blog

House Committee Funds Administration’s Super-Sized Immigration Enforcement

July 19, 2017

In the first week of his presidency, through executive orders, the president laid out harsh proposals for immigration enforcement and border security. However, much of what the president proposes...

  • Blog

Court Rules That Immigration Authorities May Not Deny Bond Hearings to Children

July 7, 2017

The Ninth Circuit Court of Appeals delivered a strong rebuke to the government’s years-long effort to strip detained immigrant children of the right to a bond hearing in immigration court. The 3-0...

  • Blog

Parents Risk Prosecution for Helping Children Seek Safety in the United States

July 6, 2017

Immigration and Customs Enforcement (ICE) officials recently confirmed their plans to initiate criminal prosecutions and deportation proceedings against immigrant parents and guardians who help...

  • Blog

The Government Continues to Ignore the Rights of Children in Detention, Court Finds

June 28, 2017

Despite being among some of the most vulnerable, children seeking asylum in the United States often fare the worst. Upon entering the United States, children are often detained for extended...

  • Blog

Supreme Court Sends a ‘Dangerous Message’ by Not Finding Bush Officials Liable in Post-9/11 Abuse Case

June 21, 2017

A bare majority of the Supreme Court ruled on Monday that six former immigrants of Arab or South Asian descent—all but one of whom are Muslim—cannot sue high-level U.S. officials over policies...

  • Blog

The Dire State of Immigration Detention in Georgia

June 6, 2017

Recent deaths at immigration detention centers in Georgia have made one fact disturbingly clear: detainees’ rights are being violated, with life and death consequences. These tragedies are not...

  • Press Release

ICE Settles Case Challenging Interference with Legal Representation at Dilley

August 16, 2017
The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum.
  • Press Release

Lawsuit Challenges Government’s Interference with Legal Representation of Mothers and Children Detained in Dilley, Texas

June 2, 2017
Access to legal counsel is a core American value and is the cornerstone of our justice system. Yet, Immigration and Customs Enforcement (ICE) has severely limited access to legal assistance for asylum-seeking women and children held in family detention facilities.
  • Press Release

Court Orders Government to Fix Inhumane Conditions in Border Patrol Holding Cells

November 18, 2016
A federal district court found that U.S. Customs and Border Protection is violating the constitutional rights of people detained in holding facilities in Arizona and ordered the government to take steps to improve conditions in these facilities, known as hieleras.
  • Press Release

Court Orders Release of Graphic Photos of Arizona Border Patrol Detention Facilities and Damning Expert Witness Testimony

August 18, 2016
Today, groups made public damning evidence, including expert testimony and video stills illustrating the deplorable and unconstitutional conditions detained individuals are subjected to in Border Patrol custody in the agency’s Tucson Sector.
  • Press Release

Deplorable Medical Treatment at Family Detention Centers

July 20, 2016
Ten mothers came forward to lodge formal complaints about the substandard medical care they and their children received while detained by the Department of Homeland of Security.
  • Press Release

Homeland Security Secretary Announces Changes to Family Detention Policies

July 20, 2016
Secretary of Homeland Security Jeh Johnson released a statement on plans to make “substantial changes” to the agency’s family detention policies. The following is a statement, in response, from Ben Johnson, Executive Director of the American Immigration Council.
  • Press Release

Court Again Rules Against Federal Government's Efforts to Detain Children

July 7, 2016
The American Immigration Council and the American Immigration Lawyers Association commented on the decision from the Ninth Circuit Court of Appeals affirming that the nearly 20-year-old Flores Settlement Agreement governs the custody and release of all immigrant children, and that the Obama Administration’s family detention practices violate that agreement.
  • Press Release

Court Orders Release of Some Evidence of Arizona Border Patrol Detention Facilities

June 27, 2016
A federal district court unsealed some of the photographs central to ongoing litigation challenging deplorable and unconstitutional conditions in Border Patrol detention facilities in the agency’s Tucson Sector. The court also allowed the Arizona Republic newspaper to intervene in the case to argue for the release of the documents.
  • Press Release

Government Shows No Signs of Backing Down on Family Detention

May 14, 2016

Washington D.C. - Yesterday, Immigration and Customs Enforcement (ICE) announced efforts to “enhance oversight” to help ensure that families are detained in “safe and humane facilities” and

  • Press Release

Central American Mothers Targeted in Immigration Raids and Still Detained Pen Letter to Obama

January 28, 2016

DILLEY, Texas – Seven women picked up and detained by Immigration and Customs Enforcement in early January in widely publicized raids have made a direct and personal plea to Pre

  • Press Release

ICE Settles Case Challenging Interference with Legal Representation at Dilley

August 16, 2017
The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum.
  • Blog

Three-Year-Old Immigrant Child Released After Two Years of Detention

August 9, 2017

An immigration judge ordered the immediate release of a three-year-old immigrant child and his mother from a detention center in rural Pennsylvania on Monday, stating that it was one of the most...

  • Blog

Massachusetts’ Highest Court Declares Immigration Detainers Are Unenforceable

July 28, 2017

The Massachusetts Supreme Judicial Court issued a unanimous decision on Monday holding that Massachusetts court officers may not arrest and detain immigrants based solely on a detainer. Although...

  • Blog

Trump Administration Targeting Immigrant Children Is a New Low

July 27, 2017

The recent trend of broadly labeling unaccompanied immigrant children as criminals and gang members is just the latest in a series of attacks on some of the most vulnerable individuals in the U.S...

  • Blog

Six Months of Immigration Enforcement Under the New Administration

July 21, 2017

Now that we have passed the six-month mile marker of the new administration, the wheels of immigration enforcement have had a chance to settle into their new rhythms. Enforcement targets have...

  • Blog

House Committee Funds Administration’s Super-Sized Immigration Enforcement

July 19, 2017

In the first week of his presidency, through executive orders, the president laid out harsh proposals for immigration enforcement and border security. However, much of what the president proposes...

  • Blog

Court Rules That Immigration Authorities May Not Deny Bond Hearings to Children

July 7, 2017

The Ninth Circuit Court of Appeals delivered a strong rebuke to the government’s years-long effort to strip detained immigrant children of the right to a bond hearing in immigration court. The 3-0...

  • Blog

Parents Risk Prosecution for Helping Children Seek Safety in the United States

July 6, 2017

Immigration and Customs Enforcement (ICE) officials recently confirmed their plans to initiate criminal prosecutions and deportation proceedings against immigrant parents and guardians who help...

  • Blog

The Government Continues to Ignore the Rights of Children in Detention, Court Finds

June 28, 2017

Despite being among some of the most vulnerable, children seeking asylum in the United States often fare the worst. Upon entering the United States, children are often detained for extended...

  • Blog

Supreme Court Sends a ‘Dangerous Message’ by Not Finding Bush Officials Liable in Post-9/11 Abuse Case

June 21, 2017

A bare majority of the Supreme Court ruled on Monday that six former immigrants of Arab or South Asian descent—all but one of whom are Muslim—cannot sue high-level U.S. officials over policies...

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