Detention

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May 27, 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.
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-...
January 2, 2020
This fact sheet describes the populations, duration, and conditions for noncitizens detained in the United States by department.
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.
September 13, 2019
This fact sheet gives a brief overview of the process individuals must undergo to seek release from immigration detention.
July 17, 2019
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
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...
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.
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...
September 19, 2017
Mexican migrants suffer a host of violations, abuses, and ill treatment while in the custody of U.S. immigration authorities.
This request would show whether CBP is violating statutory protections intended for these youth.
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...

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...

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.
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.
May 7, 2020
The complaint calls on oversight agencies to demand immediate action by ICE to help stop the spread of the coronavirus where social distancing is not possible, including:

The American Immigration Council filed a lawsuit after Immigrant Customs Enforcement (ICE) failed to respond to a Freedom of Information...

The Council filed a lawsuit to close the immigration courts and ensure due process.
March 23, 2020
This urgent letter from over 100 organizations expressing deep concern about the need for remote legal access and representation in immigration court and detention during the COVID-19 pandemic.
This request seeks information that will enhance the public’s understanding of steps ICE has taken to protect detained individuals from an outbreak of COVID-19.
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.
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.
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.

September 18, 2020

A federal appeals court recently ruled that the Fourth Amendment requires a neutral decisionmaker to review the detention of anyone held based on an U.S. Immigration and Customs Enforcement (ICE)...

September 15, 2020

A whistleblower has come forward to expose serious allegations of medical malpractice at a for-profit U.S. Immigration and Customs Enforcement (ICE) detention center in Ocilla, Georgia. The...

September 3, 2020

Days after Hurricane Laura tore through Louisiana, the situation for people held in U.S. Immigration and Customs Enforcement (ICE) facilities remains critical. ICE reportedly evacuated at least...

August 27, 2020

Communication with the outside world is crucial for people in jail. This includes individuals facing deportation while detained in immigration detention centers, who do not have the right to court...

July 8, 2020

The House Appropriations Subcommittee on Homeland Security introduced their proposed budget for Fiscal Year 2021 (beginning October 1, 2020) this week. The budget would have significant...

July 6, 2020

Immigrant children who arrive in the United States without a parent are placed in shelters or foster care while their guardianship and immigration process play out. But all too often, U.S....

June 29, 2020

Federal Judge Dolly Gee has ordered that children held for more than 20 days at U.S. Immigration and Custom Enforcement (ICE) family detention centers must be released. The order was the latest...

May 19, 2020

When the Trump administration implemented mass family separation in 2018, the American public was outraged. Two years later, U.S. Immigration and Customs Enforcement (ICE) is using a different...

May 7, 2020
ICE must stop transferring people—some of whom may already have COVID-19—across the country between detention centers.
May 4, 2020

A free phone call can mean the difference between a fair day in court and being deported to harm—or worse—for individuals held in immigration detention centers. Immigrants may not be able to meet...

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.
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.
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.
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.
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.
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.
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.
March 27, 2020
The U.S. Court of Appeals for the Ninth Circuit has upheld a ruling blocking a Trump administration policy that categorically denies bond hearings to asylum seekers. The case is Padilla v. ICE.
March 23, 2020
In a letter calling for prioritizing the health and safety of government employees, detained individuals, and their legal representatives amid the COVID-19 outbreak, the American Immigration Council and the American Immigration Lawyers Association, together with the National Immigrant Justice Center, the Southern Poverty Law Center, and more than 100 other organizations, urged the U.S. Department of Justice Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to immediately authorize the robust and automatic use of remote options for immigration court appearances and attorney-client meetings.
February 19, 2020
A federal court ordered U.S. Customs and Border Protection to overhaul the way the agency detains people in its custody in the Tucson Sector. The court found that the conditions in CBP holding cells, especially those that preclude sleep over several nights, are presumptively punitive and violate the U.S. Constitution.
September 18, 2020

A federal appeals court recently ruled that the Fourth Amendment requires a neutral decisionmaker to review the detention of anyone held based on an U.S. Immigration and Customs Enforcement (ICE)...

September 15, 2020

A whistleblower has come forward to expose serious allegations of medical malpractice at a for-profit U.S. Immigration and Customs Enforcement (ICE) detention center in Ocilla, Georgia. The...

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.
September 3, 2020

Days after Hurricane Laura tore through Louisiana, the situation for people held in U.S. Immigration and Customs Enforcement (ICE) facilities remains critical. ICE reportedly evacuated at least...

This request would show whether CBP is violating statutory protections intended for these youth.
August 27, 2020

Communication with the outside world is crucial for people in jail. This includes individuals facing deportation while detained in immigration detention centers, who do not have the right to court...

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.
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...

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...

July 8, 2020

The House Appropriations Subcommittee on Homeland Security introduced their proposed budget for Fiscal Year 2021 (beginning October 1, 2020) this week. The budget would have significant...

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