Detention

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

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.

  • 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

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

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.
  • 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...
  • 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.
  • 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.
  • Litigation & Advocacy

Council Files Civil Rights Complaint Over Dangerous ICE Detention Policies During Coronavirus Pandemic

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:
  • FOIA Litigation

Council Sues to Make ICE COVID-19 Plans Public

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

  • 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.
  • Advocacy

Letter to ICE and EOIR Regarding Remote Legal Access and Representation During COVID-19 Pandemic

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.
  • FOIA

Requesting ICE Records About Detained Individuals at Risk of Exposure to COVID-19

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.
  • Advocacy

Letter Demands Release of Detained Individuals at Risk of COVID-19 in El Paso Area Immigration Detention Centers

March 17, 2020
The letter notes public health concerns related to COVID-19 for individuals in Immigration and Customs Enforcement's custody in El Paso, the need for the immediate release of individuals who are at high risk, and recommending steps to mitigate the crisis for this population.
  • FOIA

FOIA Requests to Preserve Records Regarding Civil Rights Complaints and Records of Deaths and Abuse in ICE Custody

In December 2019, the National Archives approved a schedule for destruction of U.S. Immigration and Customs Enforcement (ICE) records which slates numerous categories of documents addressing...

  • Amicus Briefs

Las Americas Immigrant Advocacy Center v. Wolf

January 31, 2020

The American Immigration Council and the American Immigration Lawyers Association submitted an amicus brief in Las Americas Immigrant Advocacy Center v. Wolf, a case filed by the American...

  • 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

Congress Calls to Decrease ICE Detention as COVID-19 Continues to Spread

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...

  • Blog

Court Orders ICE to End Its Practice of Unlawfully Detaining Immigrant Youth

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....

  • Blog

Court-Ordered Release of Children May Lead to Family Separation

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...

  • Blog

ICE Tells Parents to Separate From Their Children or Risk Indefinite Detention Together

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...

  • Blog

What ICE Must Do Following the First Coronavirus Death in Its Custody

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

ICE Faces Lawsuit Over Blocking Phone Access to Detainees

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...

  • Blog

The US Government Can Now Collect DNA From Thousands of People Who Have Never Committed a Crime

April 28, 2020

The Department of Justice’s (DOJ) proposed rule mandating the collection of DNA from nearly all immigrants in government custody became final on April 8, 2020. For the first time in U.S. history,...

  • Blog

Fearing Coronavirus, People in ICE Custody Ask the Courts to Order Their Release

April 27, 2020

Medical experts and government officials urge people to social distance to avoid contracting the coronavirus. Yet, Immigration and Customs Enforcement (ICE) continues to hold tens of thousands of...

  • Blog

US Endangers Other Countries by Deporting People With the Coronavirus

April 22, 2020

Countries around the world that still have few coronavirus cases are bracing themselves for the spread of the pandemic. Many have restricted international arrivals to prevent a surge in cases like...

  • Blog

ICE Must Release People From Detention to Slow the Spread of the Coronavirus

March 31, 2020

Social distancing has been mandated in many places throughout the United States to slow the spread of COVID-19, the new coronavirus. Meanwhile, U.S. Immigration and Customs Enforcement (ICE)...

  • 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.
  • Press Release

Federal Appeals Court Upholds Block on Trump Policy That Arbitrarily Jails Asylum Seekers

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.
  • Press Release

Citing Coronavirus Risks and a New Irresponsible Policy for the Immigration Courts, Groups Urge Protecting the Health and Safety of Government Employees, Lawyers, and Immigrants

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.
  • Press Release

Federal Court Finds Conditions in Customs and Border Protection Detention Facilities Unconstitutional

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.
  • Press Release

Trial Challenging Unconstitutional Conditions in Customs and Border Protection's Facilities in Arizona Ends

January 23, 2020
During the course of the trial, a federal judge heard from qualified experts who testified on the inadequate medical care and severe conditions inside CBP detention centers.
  • Press Release

Immigration Groups Challenge Inhumane Conditions Inside U.S. Border Patrol Detention Facilities in Court

January 13, 2020
The trial in a legal challenge to the horrific conditions in U.S. Border Patrol's short-term detention facilities across the Tucson sector, filed in June 2015 by immigration groups, begins on Monday, Jan. 13 at the U.S. District Court in Tucson, Arizona.
  • Blog

Congress Calls to Decrease ICE Detention as COVID-19 Continues to Spread

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...

  • Blog

Court Orders ICE to End Its Practice of Unlawfully Detaining Immigrant Youth

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....

  • 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.
  • 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.
  • Blog

Court-Ordered Release of Children May Lead to Family Separation

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...

  • 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.
  • Special Report

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

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.
  • Blog

ICE Tells Parents to Separate From Their Children or Risk Indefinite Detention Together

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...

  • 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.
  • 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.

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