Detention

The United States has long-been a beacon of hope for individuals around the world seeking protection and refuge. Our immigration policies must continue to protect those who need it. Learn more about how America can continue to provide humanitarian protection to those in times of crisis.

Recent Features

  • 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 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...
  • Fact Sheet

U.S. Citizen Children Impacted by Immigration Enforcement

May 23, 2018
Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
  • Fact Sheet

Prosecuting Migrants for Coming to the United States

May 1, 2018
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-...
  • 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.
  • 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.
  • Litigation & Advocacy

Statement for the Senate Committee on Homeland Security and Governmental Affairs Hearing on "The Implications of Reinterpretation of the Flores Settlement for Border Security and Illegal Immigration Incentives"

September 18, 2018

The American Immigration Council and American Immigration Lawyers Association submitted a written statement to the Senate Committee on Homeland Security and...

  • Litigation

Challenging Credible Fear Interview and Bond Hearing Delays

This case challenges the punitive practice of keeping asylum seekers in custody for weeks or months without access to credible fear interviews or bond hearings and the lack of basic procedural protections—like hearing transcripts and written decisions—in bond hearings, as well as whether asylum seekers must bear the burden of proof in bond proceedings.
  • Advocacy

The Illegal and Systematic Practice of Coercing Separated Families Must Be Investigated

August 23, 2018

The Trump administration’s “zero tolerance” immigration policy led to not only to the forcible separation of thousands of children from their parents, but the extreme duress and coercion of...

  • Litigation & Advocacy

Statement for Senate Committee on the Judiciary Hearing “Oversight of Immigration Enforcement and Family Reunification Efforts.”

July 31, 2018
The American Immigration Council submitted a written statement to the Senate Committee on the Judiciary for a July 31, 2018 hearing on “Oversight of Immigration Enforcement and Family Reunification Efforts.”
  • Litigation

Demanding Answers from ICE and CBP Regarding Their Aggressive Immigration Enforcement Tactics

The American Immigration Council filed a Freedom of Information Act (FOIA) request with ICE and CBP on October 13, 2017, seeking data on enforcement actions and outcomes since January 2016. With this data, the Council will be able to assess who is being targeted for removal and what the consequences are of the current enforcement framework.
  • 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.
  • Advocacy

Complaint Demands Investigation Into Inadequate Medical and Mental Health Care Condition in Immigration Detention Center

June 4, 2018

The American Immigration Council and the American Immigration Lawyers Association filed an administrative complaint with the Office for Civil Rights and Civil Liberties (CRCL), the Office of the...

  • FOIA

Detention of Pregnant Women FOIA Request

The requests ask for policies, guidelines, or procedures followed or used by immigration enforcement regarding the treatment of pregnant individuals in custody and any system used to track and monitor pregnant detainees.
  • 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.
  • 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

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

Lawsuit Challenging Delays in Asylum Screening Interviews and Bond Hearings Continues

December 14, 2018

A federal court in Seattle on Tuesday permitted a case challenging unlawful delays in asylum screening interviews and bond hearings for asylum seekers to move forward over the government’s...

  • Blog

Government Data Shows ICE Detention Relies on Private Companies and Remote Locations

December 5, 2018

There is a lot that we don’t know about immigration detention. Although Immigration and Customs Enforcement (ICE) has been in the headlines more often than in past years, the network of facilities...

  • Blog

The Government Failed to Conduct Background Checks on Staffers at Migrant Child Tent City

November 30, 2018

Thousands of migrant children are currently being held at a tent city in Tornillo, Texas along the U.S.-Mexico border. Most of the children traveled alone in order to flee from violence in their...

  • Blog

Autopsy Report Shows Transgender Immigrant Woman Beaten Before Death in ICE Custody

November 29, 2018

Roxsana Hernández Rodriguez, a 33-year-old transgender woman from Honduras, died in U.S. Immigration and Customs Enforcement (ICE) custody in May, weeks after presenting herself at the San Ysidro...

  • Blog

The Number of Immigrant Children in Detention Just Hit Record Levels – Again

November 19, 2018

After a summer in which almost 3,000 migrant children were separated from their parents at the border, the Trump administration admitted last week that it was holding a record number of children...

  • Blog

Nominee for ICE Director Refuses to Back Down on Family Separation

November 16, 2018

Ronald Vitiello, President Trump’s nominee to head Immigration and Customs Enforcement (ICE), had a nomination hearing in front of the Senate Homeland Security and Government Affairs Committee on...

  • Blog

What’s Next on Flores After Today’s Deadline for Comments

November 6, 2018

As Americans go to the polls, many will also be taking part in another form of government participation—submitting comments on the Trump administration’s proposal to expand family detention for...

  • Blog

Will the Trump Administration Begin Family Separations Again?

October 22, 2018

The horrifying and tragic legacy of the Trump administration’s family separation policy—which allegedly ended by executive order in June this summer—is far from over. Even with many children still...

  • Blog

DHS Secretary Nielsen Makes Laughable Claim That Agency Does Not Detain Children

October 11, 2018

Senators grilled Department of Homeland Security (DHS) Secretary Kirstjen Nielsen about the Trump administration’s harsh immigration policies, including its practice of detaining migrant children...

  • Blog

Surprise Government Inspection Finds Nooses in ICE Detention Center, Doctors Refusing to Treat Immigrant Detainees

October 3, 2018

When government officials conducted a surprise inspection of the immigration detention center in Adelanto, California this May, they were met by many signs of serious neglect and abuse, including...

  • Press Release

Federal Court Orders that Asylum Seekers Can Move Forward Challenging Delays

December 13, 2018
A federal district court in Seattle, Washington issued an order rejecting the government’s arguments that recent asylum seekers who enter the United States without immigration status are not entitled to constitutional protections.
  • Press Release

Government Data Reveals the Inner Workings of the U.S. Immigration Detention System

December 5, 2018
A report on immigration detention examines the United States’ complex, sprawling network of facilities used to detain immigrants. The report, “The Landscape of Immigration Detention in the United States,” reveals that detained individuals were commonly held in facilities operated by private entities and located in remote areas, far away from basic community support structures and legal advocacy networks.
  • Press Release

Immigrant Rights Groups Demand Timely Bond Hearings and Legal Protections for Asylum Seekers

September 21, 2018
Yesterday, plaintiffs in an ongoing lawsuit challenging the U.S. government’s targeted efforts to obstruct asylum seekers filed a motion for preliminary injunction demanding timely bond hearings that comport with due process.
  • Press Release

American Immigration Council Condemns Administration's Proposal to Indefinitely Detain Children

September 6, 2018
The Trump administration proposed new regulations that could lead to the indefinite detention—and needless suffering—of asylum-seeking children.
  • Press Release

Complaint Details Coercive Tactics Used by Immigration Officials on Separated Parents

August 23, 2018
The complaint points to numerous examples, including that of Mrs. D.P., who was separated from her 9-year-old daughter for 47 days as a result of Attorney General Jeff Sessions' "zero-tolerance" border policy.
  • Press Release

15 Years of Government Data Reveals that Jailing Families in Detention Obstructs a Fair Court Process

August 16, 2018
As government officials and policymakers weigh the potential expansion of family detention, this report reveals how detention impacts asylum-seeking families and their claims for protection.
  • Press Release

American Immigration Council's Statement on the Trump Administration's Failure to Reunite Separated Families

July 26, 2018
"The government’s failure to comply with the court order to reunify the thousands of separated children and parents confirms the administration’s utter disregard for the humane and fair treatment of families coming to our country in search of protection."
  • Press Release

DHS Secretary Nielsen Meets with Immigration and Human Rights Groups for First Time, Reiterates Trump Administration’s Misinformation and Sidesteps Family Immigration Crisis

July 9, 2018
Leaders of several immigrant and human rights organizations were invited for the first time under the Trump administration to meet with Secretary of Homeland Security Kirstjen Nielsen.
  • Press Release

Lawsuit Demands Trump Administration Hand Over Family Separation Policies and Procedures

June 27, 2018
The lawsuit asks the court to compel the agencies to produce family separation documents in response to FOIA requests submitted in April.
  • Press Release

American Immigration Council's Statement on Trump's Executive Order on Family Separation

June 20, 2018
President Donald Trump signed an executive order today to try to stem criticism of his family separation policy. He has offered an unacceptable alternative: imprisoning mothers and fathers with their children.
  • Blog

Lawsuit Challenging Delays in Asylum Screening Interviews and Bond Hearings Continues

December 14, 2018

A federal court in Seattle on Tuesday permitted a case challenging unlawful delays in asylum screening interviews and bond hearings for asylum seekers to move forward over the government’s...

  • Press Release

Federal Court Orders that Asylum Seekers Can Move Forward Challenging Delays

December 13, 2018
A federal district court in Seattle, Washington issued an order rejecting the government’s arguments that recent asylum seekers who enter the United States without immigration status are not entitled to constitutional protections.
  • Blog

Government Data Shows ICE Detention Relies on Private Companies and Remote Locations

December 5, 2018

There is a lot that we don’t know about immigration detention. Although Immigration and Customs Enforcement (ICE) has been in the headlines more often than in past years, the network of facilities...

  • Press Release

Government Data Reveals the Inner Workings of the U.S. Immigration Detention System

December 5, 2018
A report on immigration detention examines the United States’ complex, sprawling network of facilities used to detain immigrants. The report, “The Landscape of Immigration Detention in the United States,” reveals that detained individuals were commonly held in facilities operated by private entities and located in remote areas, far away from basic community support structures and legal advocacy networks.
  • 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...
  • Blog

The Government Failed to Conduct Background Checks on Staffers at Migrant Child Tent City

November 30, 2018

Thousands of migrant children are currently being held at a tent city in Tornillo, Texas along the U.S.-Mexico border. Most of the children traveled alone in order to flee from violence in their...

  • Blog

Autopsy Report Shows Transgender Immigrant Woman Beaten Before Death in ICE Custody

November 29, 2018

Roxsana Hernández Rodriguez, a 33-year-old transgender woman from Honduras, died in U.S. Immigration and Customs Enforcement (ICE) custody in May, weeks after presenting herself at the San Ysidro...

  • Blog

The Number of Immigrant Children in Detention Just Hit Record Levels – Again

November 19, 2018

After a summer in which almost 3,000 migrant children were separated from their parents at the border, the Trump administration admitted last week that it was holding a record number of children...

  • Blog

Nominee for ICE Director Refuses to Back Down on Family Separation

November 16, 2018

Ronald Vitiello, President Trump’s nominee to head Immigration and Customs Enforcement (ICE), had a nomination hearing in front of the Senate Homeland Security and Government Affairs Committee on...

  • Blog

What’s Next on Flores After Today’s Deadline for Comments

November 6, 2018

As Americans go to the polls, many will also be taking part in another form of government participation—submitting comments on the Trump administration’s proposal to expand family detention for...

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