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

  • 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

Prosecuting People for Coming to the United States

January 10, 2020
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

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

U.S. Citizen Children Impacted by Immigration Enforcement

November 22, 2019
Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
  • 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.
  • Fact Sheet

The Institutional Hearing Program: An Overview

July 17, 2019
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
  • 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.
  • 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.
  • Amicus Briefs

Council Files Amicus Brief on Opportunity for Detained Migrants with Prior Removal Orders Seeking Humanitarian Protection to be Released on Bond

November 12, 2020
The amicus brief in Pham v. Guzman Chavez urges the Supreme Court to find that the pre-final order detention statute applies to detained noncitizens with prior removal orders who have meritorious claims for a form of humanitarian protection known as withholding of removal.
  • Advocacy

Comments on U.S. Customs and Border Protection Records Destruction Schedule

September 30, 2020

U.S. Customs and Border Protection (CBP) is attempting to permanently destroy records related to civil rights complaints against the agency, administrative and criminal investigations into...

  • FOIA Litigation

Council Files FOIA Lawsuit to Expose Immigration Enforcement in Federal Prisons

The Council filed a Freedom of Information Act (FOIA) lawsuit on behalf of the University of California (UCLA) School of Law Professor Ingrid Eagly seeking to uncover the scope and operation of...

  • FOIA

Demanding Records on the Unlawful Detention, Expulsion and Deportation of Migrant Youth During the COVID-19 Pandemic

This request would show whether CBP is violating statutory protections intended for these youth.
  • Amicus Briefs

Stopping the Destruction of ICE's Records on Abuse and Mistreatment of People in Detention

August 7, 2020
In the amicus brief, the Council and partners documented the reliance on these records by researchers and advocates to monitor and expose troubling practices.
  • 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

Bivens Basics: An Introductory Guide for Immigration Attorneys

August 20, 2018
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

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

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...

  • Blog

It’s Time for Real Alternatives to Immigration Detention

May 7, 2021

Every year the U.S. government locks up thousands of non-citizens in a prison system few Americans know about—the immigration detention system. Though immigration detention is termed “civil”...

  • 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...

  • Blog

The First 100 Days: Biden on Immigration Detention

April 20, 2021

This blog is the first in a three-part series from the Immigration Justice Campaign. Reflecting on his release from U.S. Immigration and Customs Enforcement (ICE) custody, Thomas,* a man who fled...

  • Blog

Arizona ICE Detention Center Violated COVID-19 Safety Protocols by Refusing to Provide Masks or Enforce Social Distancing

April 6, 2021

U.S. Immigration and Customs Enforcement (ICE) detention centers—which often suffer from cramped conditions and poor access to medical care—are highly conducive to the spread of COVID-19. But ICE...

  • Blog

How Many ICE-Related COVID-19 Deaths Have Gone Unreported?

March 26, 2021

After almost two years in U.S. Immigration and Customs Enforcement (ICE) custody, Martin Vargas Arellano was released to a hospital on March 5. ICE did not notify his family or attorney. Three...

  • Blog

What’s Not Being Said About the Border

March 23, 2021

The current situation at the U.S.-Mexico border—including the rise in immigrant children in U.S. government custody—has captured the nation’s attention in recent weeks. Much of the conversation...

  • Blog

ICE’s New Case Review Process Lets Immigrants Appeal Detention and Deportation

March 9, 2021

The Biden administration announced new “enforcement priorities” for Immigration and Customs Enforcement (ICE) on February 18. The priorities were an initial step away from the Trump administration...

  • Blog

New Data Shows the Landscape of Community Support Services to Replace Immigration Detention

March 2, 2021

The U.S. government has long relied on a punitive and outdated detention system to keep immigrants in its custody. Even when U.S. Immigration and Customs Enforcement (ICE) places people on...

  • Blog

ICE’s Changes to Family Detention Are an Improvement but Don’t Go Far Enough

March 2, 2021

U.S. Immigration and Customs Enforcement (ICE) announced last week that it would make changes to two family detention centers in Texas that would result in families spending less time in detention...

  • 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.
  • Press Release

American Immigration Council Asks U.S. Supreme Court to Ensure Bond Hearings for Certain Immigrants Seeking Protection in the United States

November 12, 2020
The American Immigration Council, other immigrant rights organizations, and legal service providers filed a friend-of-the-court (or amicus) brief with the U.S. Supreme Court. The brief urges the justices to find that immigrants who seek humanitarian protection from removal should have access to bond hearings—instead of being subjected to mandatory detention.
  • Press Release

Organizations Call for Immediate Investigation Into Reports of Unnecessary Procedures and Inadequate Care in ICE Facility

September 15, 2020
AILA and the American Immigration Council are calling on Congress to initiate an immediate and thorough investigation into conditions and medical care at ICE detention centers following the disturbing news reports yesterday about the lack of COVID-19 protections and inadequate medical care, including a report that a number of women detained at the Irwin detention center in Ocilla, Georgia were unnecessarily subject to hysterectomies.
  • Press Release

Detained Immigrants Ask Court to Stop ICE Interference to Phone Access in Immigration Detention Centers

August 26, 2020
Individuals in U.S. Immigration and Customs Enforcement custody at the Otero County Processing Center filed a motion for preliminary injunction to stop ICE from denying detained individuals the ability to contact their lawyers and the outside world by phone.
  • Press Release

ICE Unlawfully Detains Immigrant Youth: Federal Court Ruling

July 2, 2020
A federal court has ruled that the failure of U.S. Immigration and Customs Enforcement (ICE) officers to consider less restrictive settings before transferring unaccompanied immigrant youth to ICE detention on their 18th birthdays violates U.S. immigration laws.
  • 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.
  • 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.
  • 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

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.
  • 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.
  • 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

It’s Time for Real Alternatives to Immigration Detention

May 7, 2021

Every year the U.S. government locks up thousands of non-citizens in a prison system few Americans know about—the immigration detention system. Though immigration detention is termed “civil”...

  • Letters

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

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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