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

Deportations in the Dark

September 19, 2017
Mexican migrants suffer a host of violations, abuses, and ill treatment while in the custody of U.S. immigration authorities.
  • 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...
  • FOIA

Family Separation FOIA Request

The requests ask for policies, guidelines, or procedures followed or used by the governmental agencies to address the processing and treatment of families at the U.S.-Mexico border and specifically, the separation of adult family members from minor children and the criminal prosecution of adult family members.
  • Litigation

Challenging Immigration Judges' Refusal to Conduct Bond Hearings

This lawsuit challenges the actions of immigration judges in Charlotte, North Carolina who have refused to conduct bond hearings for people who properly file bond motions with the Charlotte Immigration Court.
  • Amicus Briefs

Crespin v. Evans – Fourth Circuit

October 13, 2017

The American Immigration Council, in collaboration with the American Immigration Lawyers Association, filed an amicus brief in Crespin v. Evans.  The amicus brief argued that the pre-final...

  • 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.
  • Amicus Briefs

Guerra v. Shanahan – Second Circuit

September 15, 2015

The American Immigration Council, in collaboration with the American Immigration Lawyers Association, filed an amicus brief in Guerra v. Shanahan.  The amicus brief argued that the pre-...

  • 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.
  • Practice Advisories

Expedited Removal: What Has Changed Since Executive Order No. 13767, Border Security And Immigration Enforcement Improvements

February 21, 2017

This Practice Advisory addresses the coming expansion of expedited removal, who likely will be impacted, and possible ways to challenge an expedited removal order. The National Immigration Project...

  • 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

New Border Policies Could Have a Big Impact on Families, Children, and Asylum Seekers

April 10, 2018

Undocumented immigrants crossing the U.S.-Mexico border increasingly consist of asylum seekers fleeing record levels of violence in Central America. But the Trump administration’s response to this...

  • Blog

Immigration Groups Demand Records Related to Family Separation at the Border

April 5, 2018

To shed light on the cruel and unlawful practice of family separation, a group of immigrant rights organizations filed a series of Freedom of Information Act requests to multiple government...

  • Blog

Migrant Caravan Making Its Way North to Be Greeted By a Complex Web of Immigration Laws

April 3, 2018

Slowing making their way north through Mexico is a large caravan of migrants searching for safe haven, an opportunity to work, or the chance to reunite with family. Some will remain in Mexico,...

  • Blog

A New Official ICE Policy Calls for the Detention of Pregnant Women

March 30, 2018

Immigration and Customs Enforcement announced on Thursday that it was ending its general practice of releasing pregnant women from immigration jail. Under its new policy, pregnant women will only...

  • Blog

Congress Reaches A Deal to Fund Government for the Year Without Solution for Dreamers

March 23, 2018

This week Congress passed a $1.3 trillion bill to fund the federal government for the rest of the fiscal year, running through September 30, 2018. Though the legislation includes record levels of...

  • Blog

Lawsuit Challenges the Government’s Policy of Indefinitely Detaining Asylum Seekers

March 22, 2018

A class action lawsuit was filed on March 15, 2018 challenging the U.S. government’s practice of detaining asylum seekers indefinitely and argues the practice is an attempt to deter future asylum...

  • Blog

Immigration and Customs Enforcement Regularly Detains Children for Months at a Time

March 20, 2018

U.S. Immigration and Customs Enforcement is notoriously tight-lipped when it comes to their internal operations. The agency rarely discloses basic details about where their immigration detention...

  • Blog

Immigration Enforcement Priorities Have Been Abandoned—and That’s Bad News for Everyone

March 12, 2018

In order to effectively fight crime, law-enforcement officers must gain the trust of the communities they intend to serve. Trust encourages victims of crime, as well as potential witnesses, to...

  • Blog

When Detention Is a Death Sentence

March 9, 2018

The Department of Homeland Security (DHS) is pursuing a massive increase in resources for immigrant detention centers, a fundamentally flawed network of largely privatized and remote facilities...

  • Blog

Oversight Agency Finds ICE Improperly Obtained Contract for Texas Family Detention Center

March 1, 2018

The Department of Homeland Security (DHS) Office of the Inspector General (OIG) released a damning report this week, finding that U.S. Immigration and Customs Enforcement (ICE) improperly modified...

  • Press Release

ICE Formalizes Inhumane Detention Policies for Pregnant Women

March 29, 2018
The practice of detaining pregnant women is inhumane and unsafe.
  • Press Release

Lawsuit Challenges Illegal Bond Hearing Practices in Charlotte Immigration Court

January 18, 2018
The lawsuit challenges the practice of three of the four sitting immigration judges in the Charlotte Immigration Court who refuse to conduct bond hearings—even though they are required to do so—and are consequently prolonging the detention of bond-eligible individuals for several weeks.
  • 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.
  • Blog

New Border Policies Could Have a Big Impact on Families, Children, and Asylum Seekers

April 10, 2018

Undocumented immigrants crossing the U.S.-Mexico border increasingly consist of asylum seekers fleeing record levels of violence in Central America. But the Trump administration’s response to this...

  • Blog

Immigration Groups Demand Records Related to Family Separation at the Border

April 5, 2018

To shed light on the cruel and unlawful practice of family separation, a group of immigrant rights organizations filed a series of Freedom of Information Act requests to multiple government...

  • Blog

Migrant Caravan Making Its Way North to Be Greeted By a Complex Web of Immigration Laws

April 3, 2018

Slowing making their way north through Mexico is a large caravan of migrants searching for safe haven, an opportunity to work, or the chance to reunite with family. Some will remain in Mexico,...

  • FOIA

Family Separation FOIA Request

The requests ask for policies, guidelines, or procedures followed or used by the governmental agencies to address the processing and treatment of families at the U.S.-Mexico border and specifically, the separation of adult family members from minor children and the criminal prosecution of adult family members.
  • Blog

A New Official ICE Policy Calls for the Detention of Pregnant Women

March 30, 2018

Immigration and Customs Enforcement announced on Thursday that it was ending its general practice of releasing pregnant women from immigration jail. Under its new policy, pregnant women will only...

  • Press Release

ICE Formalizes Inhumane Detention Policies for Pregnant Women

March 29, 2018
The practice of detaining pregnant women is inhumane and unsafe.
  • Blog

Congress Reaches A Deal to Fund Government for the Year Without Solution for Dreamers

March 23, 2018

This week Congress passed a $1.3 trillion bill to fund the federal government for the rest of the fiscal year, running through September 30, 2018. Though the legislation includes record levels of...

  • Blog

Lawsuit Challenges the Government’s Policy of Indefinitely Detaining Asylum Seekers

March 22, 2018

A class action lawsuit was filed on March 15, 2018 challenging the U.S. government’s practice of detaining asylum seekers indefinitely and argues the practice is an attempt to deter future asylum...

  • Blog

Immigration and Customs Enforcement Regularly Detains Children for Months at a Time

March 20, 2018

U.S. Immigration and Customs Enforcement is notoriously tight-lipped when it comes to their internal operations. The agency rarely discloses basic details about where their immigration detention...

  • Blog

Immigration Enforcement Priorities Have Been Abandoned—and That’s Bad News for Everyone

March 12, 2018

In order to effectively fight crime, law-enforcement officers must gain the trust of the communities they intend to serve. Trust encourages victims of crime, as well as potential witnesses, to...

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