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

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.
  • Special Report

Detaining Families

August 16, 2018
This report presents findings from the first empirical analysis of asylum adjudication in family detention. Drawing on government data from over 18,000 immigration court proceedings initiated between...
  • 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.
  • 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...

  • 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

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.
  • Advocacy

Letter Demands Greater Transparency For Cameroonian Immigrants Held in Immigration Detention

July 21, 2020

The American Immigration Council signed on to a letter calling on Congress to demand greater transparency from Immigration and Customs Enforcement regarding Cameroonian and other Black...

  • Advocacy

Letter Demands ICE Release Families Detained During COVID-19 Pandemic

July 17, 2020

The American Immigration Council joined a letter to the U.S. Department of Homeland Security calling on the release of all families held at all three Immigration and Customs...

  • Litigation

Stopping ICE From Unlawfully Detaining Immigrant Youth

This lawsuit challenged ICE’s practice of transferring unaccompanied minors who turn 18 years old to adult custody in the agency’s contracted jails and prisons, without considering less restrictive placements.
  • Amicus Briefs

Council Files Amicus Brief Supporting the Release of Individuals from Immigration Detention During the COVID-19 Pandemic

May 12, 2020
The American Immigration Council filed this amicus curiae brief in support of individuals who sought release from detention due to their significant risk of infection from COVID-19.
  • 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

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...

  • Blog

How Biden Can Reform Immigration Enforcement and Detention

January 4, 2021

This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election.  When the Biden administration takes...

  • Blog

Trump Administration Wants to Deny Work Permits to Some People Released From ICE Detention

November 18, 2020

The Trump administration announced on November 17 that it plans to start denying work permits to people who have been ordered deported, but who have been released from immigration custody because...

  • Blog

Making the Case for Ending Immigration Detention

November 11, 2020

Immigration detention was dangerous before President Trump took office four years ago. His policies—coupled with a deadly global pandemic—have only made the situation more dire. Immigration...

  • Blog

Hundreds of Cubans Who Cannot Be Deported Face Prolonged Detention

November 5, 2020

As the COVID-19 pandemic continues to rage inside ICE detention centers, hundreds of Cubans who cannot be deported, continue to be detained by U.S. Immigration and Customs Enforcement (ICE). They...

  • Blog

‘We Had a Shortage Last Night of Beds for Babies.’ Congressional Report Reveals Cruelty, Chaos of Family Separation

October 30, 2020

Congress released the “first complete narrative” on the Trump administration’s “Zero Tolerance” policy on October 30. This hallmark of President Trump’s immigration legacy led to the forcible...

  • Blog

The Value of Pro Bono Legal Services in Immigration Detention

October 28, 2020

Once a year, National Pro Bono Week celebrates the pro bono work of lawyers, paralegals, and law students. Pro bono legal services—which come at no cost—are integral for many people otherwise left...

  • Blog

ICE Deported Cameroonian Immigrants Despite Protests and Congressional Intervention

October 14, 2020

U.S. Immigration and Customs Enforcement (ICE) deported a flight of approximately 100 African asylum seekers to their home countries, where they could face immediate arrest and death. Many of the...

  • Blog

Indigenous People Face Persistent Language Access Challenges in Immigration Detention

October 12, 2020

The effort to permanently replace Columbus Day with Indigenous Peoples’ Day signifies a growing movement to honor the resilience and history of indigenous communities. The day presents an...

  • 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

New Report Reveals the Impact of COVID-19 Across the US Immigration System

May 27, 2020
The American Immigration Council's latest report examines major changes to the U.S. immigration system in the wake of the COVID-19 pandemic and the unique challenges the pandemic has created for noncitizens and government agencies.
  • Press Release

Complaint Details ICE’s Failure to Protect Those in its Custody Amid COVID-19 Pandemic

May 7, 2020
The American Immigration Council and the American Immigration Lawyers Association , through their joint initiative the Immigration Justice Campaign, filed an oversight complaint with the Department of Homeland Security Office for Civil Rights and Civil Liberties and the Office of the Inspector General highlighting the experiences of individuals detained by Immigration and Customs Enforcement amid the COVID-19 pandemic.
  • Press Release

Plaintiffs Will Continue Fight to Halt Dangerous and Unconstitutional Practices by EOIR and ICE

April 28, 2020
Today’s Court decision denying the emergency temporary restraining order in NIPNLG, et al., v. EOIR, et al., is deeply disappointing. This lawsuit was brought against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
  • Press Release

Temporary Restraining Order Requested to Stop Dangerous EOIR and ICE Policies During the COVID-19 Pandemic

April 8, 2020
Immigration groups moved for an emergency temporary restraining order against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement in order to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
  • 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

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.
  • 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...
  • 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.
  • 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.
  • Letters

Coalition Letter Urges Reconsideration of Custody Determination for Every Person in ICE Custody

February 11, 2021
The American Immigration Council, National Immigrant Justice Center, and over 120 coalition partners called on the Biden-Harris administration to conduct a review of all cases for individuals...
  • Policy Briefs

The Biden Administration and Congress Must Guarantee Legal Representation for People Facing Removal

January 15, 2021
The Biden administration should take steps immediately upon entering office to expand federally funded legal representation programs for people facing removal. Here's why.
  • Blog

How Biden Can Reform Immigration Enforcement and Detention

January 4, 2021

This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election.  When the Biden administration takes...

  • Policy Briefs

Increase in Indefinite ICE Detention Without Foreseeable Removal Dates During COVID-19 Pandemic

December 23, 2020

Every year, U.S. Immigration and Customs Enforcement (ICE) deports tens of thousands of noncitizens...

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