Detention

Recent Features

  • Litigation

Stopping Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic

The Council filed a lawsuit to close the immigration courts and ensure due process.

  • FOIA Litigation

Uncovering the Government’s Internal Family Separation Policies, Guidance, and Data

This lawsuit seeks to compel government agencies to produce documents regarding family separation policies

  • Fact Sheet

U.S. Citizen Children Impacted by Immigration Enforcement

Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.

All Detention Content

  • Fact Sheet

The Institutional Hearing Program: An Overview

November 29, 2021
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
  • Fact Sheet

Prosecuting People for Coming to the United States

August 23, 2021
Over the last two decades, the federal government increasingly has utilized the criminal courts to punish people for immigration violations. This overview provides basic information about entry-...
  • Fact Sheet

U.S. Citizen Children Impacted by Immigration Enforcement

June 24, 2021
Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
  • Special Report

Tracking the Biden Agenda on Immigration Enforcement

May 20, 2021
This report analyzes the Biden administration's 100 days progress in reforming immigration enforcement and recommendations for how to best move forward.
  • Fact Sheet

Community Support for Migrants Navigating the U.S. Immigration System

February 26, 2021
This fact sheet draws from original data gathered from hundreds of community-organizations around the country and provides a snapshot of the extent of available services that help migrants navigate...
  • Special Report

The Impact of COVID-19 on Noncitizens and Across the U.S. Immigration System

September 30, 2020
This report identifies disruptions throughout the immigration system because of the COVID-19 pandemic and makes recommendations for improvements to the federal government’s response.
  • Fact Sheet

Immigration Detention in the United States by Agency

January 2, 2020
This fact sheet describes the populations, duration, and conditions for noncitizens detained in the United States by department.
  • Fact Sheet

Seeking Release from Immigration Detention

September 13, 2019
This fact sheet gives a brief overview of the process individuals must undergo to seek release from immigration detention.
  • Special Report

The Landscape of Immigration Detention in the United States

December 5, 2018
This analysis reveals that individuals detained by U.S. Immigration and Customs Enforcement were commonly held in privately operated and remotely located facilities, far away from basic community...
  • Fact Sheet

Legal Orientation Program Overview

September 6, 2018
The Legal Orientation Program (LOP) offers legal education, as well as referrals for free and low-cost legal counsel, to noncitizens in immigration detention.
  • FOIA Litigation

Council Sues to Press for Records About the Treatment of Black Immigrants in Detention

This FOIA suit seeks to compel ICE to release information about conditions, treatment, and outcomes in eight immigration detention facilities in the U.S. South.
  • Amicus Briefs

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

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.
  • FOIA

Seeking Records About ICE’s Compliance with DHS’s Enforcement Priorities

This FOIA requests effort seeks records on ICE reports about its enforcement activities, whether the people arrested by ICE fit into the DHS’s enforcement priorities, and information about instances when officers pursued enforcement actions against individuals who would not be considered priorities for immigration enforcement.
  • Amicus Briefs

Demanding ICE Provide Essential Data

August 27, 2021
The Council submitted an amicus brief explaining why ICE should release usable immigration data. The amicus brief was filed in a case where the ACLU is seeking information about how individuals are impacted by ICE enforcement practices.
  • FOIA Litigation

Council Sues Immigration Agencies for Records of Enforcement Databases

This Freedom of Information Act lawsuit seeks to uncover information about the databases and systems that Department of Homeland Security (DHS) agencies use in immigration enforcement.
  • Amicus Briefs

Council Files Amicus Brief on the Legality of Prolonged Mandatory Detention

May 27, 2021
The amicus brief in Ayom v. Garland urges the eighth circuit to affirm that mandatory detention has constitutional limits, and reject the endorsement of prolonged mandatory detention for people in removal proceedings.
  • 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.
  • FOIA

Uncovering Immigration Enforcement Agency Databases

The Council filed multiple Freedom of Information Act requests to unearth the systems that the government uses in immigration enforcement and the data it collects.
  • Amicus Briefs

Supporting Detained Individual’s Right to Access ICE Detention Records through a State FOIA Request

February 26, 2021
In the amicus brief, the Council and partners reject Calhoun County's position to withhold records that otherwise would be released under the Michigan state FOIA.
  • Declaration

Council Submits Declaration in Deportation Moratorium Case, Explaining the Complex System of Enforcement and Removal

February 12, 2021
The Council submitted this declaration in support of the ACLU's defense of the Biden Administration's moratorium on deportations. This declaration explains how the removal and detention system works.
  • Practice Advisories

Bivens Basics: An Introductory Guide for Immigration Attorneys

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.
  • Practice Advisories

Federal Court Requires Immigration Courts to Continue to Provide Bond Hearings, Despite Matter of M-S-

July 3, 2019
Immigration courts must continue to provide bond hearings to individuals fleeing persecution who enter the United States without inspection, are placed in expedited removal proceedings, and pass their credible fear interviews.
  • 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

Groups Call for Transparency Regarding Abuse and Mistreatment of Black Immigrants in Detention

November 10, 2021

By Tsion Gurmu, Legal Manager and Staff Attorney at the Black Alliance for Just Immigration and Emily Creighton, Legal Director of Transparency The public watched in horror this September as U.S....

  • Blog

$1/Day Labor Program for Immigrants in Detention Ruled Unlawful in Washington State

November 3, 2021

In a landmark court decision, Geo Group—one of the largest private prison companies that own and/or manage dozens of immigrant detention centers across the United States—was found to have violated...

  • Blog

ICE Makes It Impossible for Immigrants in Detention to Contact Lawyers

October 29, 2021

By Emma Winger, Staff Attorney, American Immigration Council, and Eunice Cho, Sr. Staff Attorney, ACLU National Prison Project “Ben G.” is a 35-year-old veterinarian from Nicaragua who fled to the...

  • Blog

Ninth Circuit Lifts Injunction Protecting People in ICE Detention from COVID-19

October 21, 2021

In a split decision, the Ninth Circuit Court of Appeals on October 20 lifted a lower court’s protections for medically vulnerable people locked up in U.S. Immigration and Customs Enforcement (ICE...

  • Blog

ICE Fails to Provide Basic Oversight of Solitary Confinement and Unlawfully Destroys Records

October 19, 2021

U.S. Immigration and Customs Enforcement (ICE) has been known to improperly subject individuals in its custody to solitary confinement and has destroyed solitary confinement records in violation...

  • Blog

ICE Needs a Consistent System of Discretionary Release from Detention

October 13, 2021

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) need to establish clear guidance for when ICE should release someone from detention. So far, the Biden...

  • Blog

California Law Would Prevent Transfers From Local Law Enforcement to ICE Custody

September 9, 2021

Proposed legislation in California that would further limit the state’s involvement in immigration detention has made progress toward becoming law. The VISION Act would prevent transfers to U.S....

  • Blog

TX Court Issues Stunning Order: US Government Can’t Set Priorities for Immigration Enforcement

August 20, 2021

Judge Drew Tipton of the Southern District of Texas on August 19 blocked a set of enforcement priorities the Biden administration had issued in January and February 2021 in an attempt to focus...

  • Blog

New Illinois Law Expected to Go Furthest Toward Ending Immigration Detention in the US

August 10, 2021

A new Illinois law limiting U.S. Immigration and Customs Enforcement (ICE) detention is expected to effectively end detention in the state by next year. The law goes further than those that have...

  • Blog

ICE Will Stop Arresting and Detaining Most Pregnant and Nursing People

July 9, 2021

U.S. Immigration and Customs Enforcement (ICE) will no longer detain most people who are pregnant, postpartum, or nursing, according to a new policy released on July 9. However, ICE did not commit...

  • 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.
  • Press Release

Federal Judge Blocks ICE Enforcement Guidelines and Attempts to Upend Prosecutorial Discretion

August 19, 2021
A Texas judge blocked the Biden administration’s immigration enforcement priorities. The decision was issued in a case challenging ICE’s enforcement activities outside the scope laid out in the Feb. 18 enforcement memo.
  • Press Release

130+ Groups Release Top Five Immigration Priorities for Biden Administration’s Next Budget

August 17, 2021
As the Biden administration begins crafting next year's budget, 131 organizations published a statement for the Biden administration outlining the top immigration priorities that must be included in the country’s budget for Fiscal Year 2023.
  • Press Release

Lawsuit Seeks to Advance Public Understanding of ICE and CBP Enforcement Operations and Practices

June 21, 2021
The American Immigration Council filed a Freedom of Information Act lawsuit against DHS and its two primary immigration enforcement agencies requesting information about the obscure network of databases, information systems, and data sharing methods that are largely shielded from public view.
  • Press Release

Biden Budget Request on Immigration is a Missed Opportunity for Meaningful Change

May 28, 2021
The Biden administration disclosed today a $54.2 billion budget request for the U.S. Department of Homeland Security for fiscal year 2022. The request is is deeply disappointing and a missed opportunity to set immigration enforcement in the United States on a new path.
  • Press Release

New Report Examines Biden’s Approach to Immigration Enforcement

May 20, 2021
A new American Immigration Council report examines the Biden administration’s approach to the U.S. system of immigration enforcement during its first 100 days in office.
  • 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.
  • Press Release

Facts About the Current Situation at the Border

March 23, 2021
The nation has turned its attention to the current situation at the U.S.-Mexico border, including the rise in immigrant children in U.S. government custody. Much of the conversation has focused on a supposed surge in arrivals under the Biden administration, but the current increase began well before President Biden took office.
  • Press Release

Survey of Hundreds of Organizations Shows Extent of Community-Based Support for People Navigating the U.S. Immigration System

March 1, 2021
A new publication provides a snapshot of the extent of available services that help migrants navigate the complexities of the U.S. immigration system.
  • Press Release

120 Organizations Ask Biden Administration to Consider Releasing Immigrants Left Languishing in Detention Despite Narrowed Enforcement Priorities

February 11, 2021
A group of 120 legal and medical services and advocacy organizations sent a letter to the White House and Department of Homeland Security, asking the Biden administration to review the cases of thousands of people who remain in immigration detention, and release those who do not fall within the enforcement priorities detailed in the DHS enforcement priorities memo that took effect February 1.
  • Fact Sheet

The Institutional Hearing Program: An Overview

November 29, 2021
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
  • Complaints

Council and Partners File Oversight Complaint on Violations of Due Process and Inhumane Conditions at Torrance County Detention Facility

November 23, 2021

The American Immigration Council, American Immigration Lawyers Association (AILA), ACLU of New Mexico, Innovation Law Lab, and the National Immigration Project of the National Lawyers Guild filed...

  • Blog

Groups Call for Transparency Regarding Abuse and Mistreatment of Black Immigrants in Detention

November 10, 2021

By Tsion Gurmu, Legal Manager and Staff Attorney at the Black Alliance for Just Immigration and Emily Creighton, Legal Director of Transparency The public watched in horror this September as U.S....

  • FOIA Litigation

Council Sues to Press for Records About the Treatment of Black Immigrants in Detention

This FOIA suit seeks to compel ICE to release information about conditions, treatment, and outcomes in eight immigration detention facilities in the U.S. South.
  • Blog

$1/Day Labor Program for Immigrants in Detention Ruled Unlawful in Washington State

November 3, 2021

In a landmark court decision, Geo Group—one of the largest private prison companies that own and/or manage dozens of immigrant detention centers across the United States—was found to have violated...

  • Blog

ICE Makes It Impossible for Immigrants in Detention to Contact Lawyers

October 29, 2021

By Emma Winger, Staff Attorney, American Immigration Council, and Eunice Cho, Sr. Staff Attorney, ACLU National Prison Project “Ben G.” is a 35-year-old veterinarian from Nicaragua who fled to the...

  • Letters

Council Advocates for Meaningful Access to Legal Representation in Immigration Detention

October 29, 2021
The American Immigration Council and the American Civil Liberties Union (ACLU) advocated for attorney access in immigration detention facilities in a letter sent a letter to DHS and ICE.
  • Blog

Ninth Circuit Lifts Injunction Protecting People in ICE Detention from COVID-19

October 21, 2021

In a split decision, the Ninth Circuit Court of Appeals on October 20 lifted a lower court’s protections for medically vulnerable people locked up in U.S. Immigration and Customs Enforcement (ICE...

  • Letters

Council and Partners Call on ICE and USCIS to Eliminate Delays for Detained Asylum Seekers

October 20, 2021
The Council and partners urged ICE and USCIS in a letter to ensure timely credible and reasonable fear interviews at U.S. immigration detention centers.
  • Blog

ICE Fails to Provide Basic Oversight of Solitary Confinement and Unlawfully Destroys Records

October 19, 2021

U.S. Immigration and Customs Enforcement (ICE) has been known to improperly subject individuals in its custody to solitary confinement and has destroyed solitary confinement records in violation...

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