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

This lawsuit seeks to compel government agencies to produce documents regarding family separation policies

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Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.

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All Detention Content

  • Fact Sheet

The Removal System of the United States: An Overview

Last modified: 
August 9, 2022
Publication Date: 
August 9, 2022
This fact sheet provides an explanation on how noncitizens may find themselves facing deportation from the country, how the removal proceeding may look, what types of relief can be sought after a...
  • Fact Sheet

Oversight of Immigration Detention: An Overview

Publication Date: 
May 16, 2022
This fact sheet describes the organizational structure of immigration detention oversight, the standards by which detention centers are governed, where to file complaints regarding ICE detention, and...
  • Research and Analysis

Alternatives to Immigration Detention: An Overview

Publication Date: 
March 17, 2022
This new fact sheet provides an overview of the wide range of programs that provide alternatives to detention (ATDs) and run the gamut from no governmental intervention to extensive surveillance and...
  • Fact Sheet

The Institutional Hearing Program: An Overview

Publication Date: 
November 29, 2021
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
  • Fact Sheet

Prosecuting People for Coming to the United States

Publication Date: 
August 23, 2021
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

U.S. Citizen Children Impacted by Immigration Enforcement

Publication Date: 
June 24, 2021
Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
  • Special Report

Tracking the Biden Agenda on Immigration Enforcement

Publication Date: 
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

Publication Date: 
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

Publication Date: 
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

Immigration Detention in the United States by Agency

Publication Date: 
January 2, 2020
This fact sheet describes the populations, duration, and conditions for noncitizens detained in the United States by department.
  • Litigation

The American Immigration Council Sues ICE to Compel Agency to Publish its Bond Payment Procedures

This Lawsuit seeks to compel ICE to comply with the Freedom of Information Act (FOIA) and publish bond processing procedures that must be followed to obtain the release of individuals in detention.
  • Litigation

Challenging the Government’s Barriers to Access to Counsel in Immigration Detention Centers

This lawsuit challenges ICE's policies that have made it extremely difficult—and in many cases impossible—for people in immigration detention to access their attorneys.
  • FOIA

Seeking Records About Possible Due Process Violations of Detainees at the Torrance Detention Facility

These Freedom of Information Act (FOIA) requests seek records from U.S. Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) about treatment of Haitian immigrants.
  • FOIA Litigation

Council Sues To Get Records of ICE’s Treatment of Haitian Nationals at the Torrance Detention Facility

This FOIA lawsuit seeks to compel U.S. Immigration and Customs Enforcement (ICE) to provide information about the agency’s treatment of Haitian nationals detained at the Torrance Detention Facility.
  • FOIA

Compelling ICE to Publish Information About its Bond Procedures

This Freedom of Information Act (FOIA) request seeks to compel U.S. Immigration and Customs Enforcement to publish information on its website about how the public can pay bonds and secure the release of a loved one from ICE detention.
  • Amicus Briefs

Amicus Brief Argues that Exclusionary Rule in Criminal Proceedings Should Apply to Evidence Related to Identity in Prosecutions for Illegal Reentry

March 28, 2022
In the amicus brief filed with the Third Circuit Court of Appeals, the Council argues that the exclusionary rule in criminal proceedings should apply to evidence related to identity, because it is an essential deterrent to ICE’s widespread racially discriminatory enforcement practices.
  • FOIA Litigation

Council Sues to Press for Records About the Treatment of Black Immigrants in Detention

This FOIA suit seeks to compel ICE to release information about conditions, treatment, and outcomes in eight immigration detention facilities in the U.S. South.
  • Amicus Briefs

Amicus Brief Filed with Supreme Court of Michigan in Support of State FOIA Request in Wrongful Detention Case

September 10, 2021
In the amicus brief filed with the Supreme Court of Michigan, the Council and partners reject Calhoun County's position to withhold records that otherwise would be released under the Michigan state FOIA.
  • FOIA

Seeking Records About ICE’s Compliance with DHS’s Enforcement Priorities

This FOIA requests effort seeks records on ICE reports about its enforcement activities, whether the people arrested by ICE fit into the DHS’s enforcement priorities, and information about instances when officers pursued enforcement actions against individuals who would not be considered priorities for immigration enforcement.
  • Amicus Briefs

Demanding ICE Provide Essential Data

August 27, 2021
The Council submitted an amicus brief explaining why ICE should release usable immigration data. The amicus brief was filed in a case where the ACLU is seeking information about how individuals are impacted by ICE enforcement practices.
  • Practice Advisories

A Guide to Obtaining Detention Records

December 13, 2022
Our comprehensive guide on obtaining detention records provides a brief overview of FOIA requirements, information about the types of records government agencies possess, tips about how to request those records, and an overview of what to expect after submitting the request.
  • Practice Advisories

Bivens Basics: An Introductory Guide for Immigration Attorneys

July 19, 2021
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

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

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 Makes Paying Bond Extremely Difficult. This Lawsuit Wants to Change That.

December 13, 2022

One might think that posting bond in the immigration system is a straightforward process. Immigration authorities set bond. A person pays the bond amount, and the incarcerated person is released....

  • Blog

Infamous Immigration Detention Center Closes, But More Work Needs to Be Done

December 9, 2022

After years of advocacy and widespread abuse, Berks County officials announced that the federal government was ending its contract for the Berks County detention center on January 31, 2023....

  • Blog

ICE Fails to Justify Solitary Confinement Placements and Identify Vulnerable Populations

November 8, 2022

Solitary confinement is widely criticized as a cruel and unnecessary practice. It’s largely unsupported by the public as a disciplinary measure and badly in need of reform. On October 26, the...

  • Blog

New Report Shows Disproportionate Abuse of Black Immigrants in Detention

November 4, 2022

Black immigrants in the custody of U.S. Immigration and Customs Enforcement (ICE) disproportionately face abuse while in detention, a report released last week finds. Published by several...

  • Blog

Legal Service Providers Sue to Remove Barriers to Access to Counsel in Immigration Detention

October 13, 2022

Legal service organizations have sued U.S. Immigration and Customs Enforcement (ICE) for preventing people jailed at four immigration detention centers from having meaningful access to their...

  • Blog

Appellate Court Finds California’s Private Prison Ban Is Likely Unconstitutional

October 6, 2022

An appellate court recently ruled that California’s state law banning private prisons—including immigration detention centers—is likely unconstitutional. The decision is a significant blow to...

  • Blog

Bond Hearings for Asylum Seekers Are Latest Casualty of the Recent Supreme Court Term

August 2, 2022

For almost two decades, asylum seekers taken into Border Patrol custody who passed a “credible fear” interview have been eligible to seek release from detention on bond while they go through the...

  • Blog

Biden Released His Budget for 2023 – What Does it Mean for Immigration Issues?  

April 8, 2022

Every year, the president submits a budget request to Congress with their proposal for funding the federal government. Over the last 20 years, Congress has spent over $333 billion on immigration...

  • Blog

DHS Watchdog Recommends Immediate Action to Address Horrific Conditions in ICE Detention

March 22, 2022

In an unprecedented move, the Department of Homeland Security’s (DHS’) watchdog agency—the Office of the Inspector General (OIG)—just recommended that U.S. Immigration and Customs Enforcement (ICE...

  • Blog

COVID-19 Rates in ICE Detention Are at Record Highs. Advocates Are Demanding an Investigation.

February 14, 2022

The Omicron variant has spread through immigration detention like wildfire, with a record 14% of people in U.S. Immigration and Customs Enforcement (ICE) custody testing positive for COVID-19 as...

  • Press Release

Biden Administration Expands Use of Title 42 and Proposes New Asylum Ban, In Exchange for Creation of Alternate Pathways for Migration and New Methods of Seeking Asylum at Ports of Entry

January 5, 2023
The American Immigration Council responds to new announced a series of border policy reforms, including a variant of President Trump's asylum "Transit Ban", from the Biden administration.
  • Press Release

Advocates File Lawsuit to Demand That ICE Make Immigration Bond Procedures Publicly Available on Its Website

December 8, 2022
The Council alongside other advocates has filed a lawsuit under the Freedom of Information Act (FOIA) to compel U.S. Immigration and Customs Enforcement (ICE) to publish on its website guidelines and procedures explaining how the agency processes bonds for the release of individuals in detention.
  • Press Release

Legal Organizations Sue ICE for Illegally Preventing Attorneys from Communicating with Detained Immigrants in Four States

October 13, 2022
Several legal services organizations filed a lawsuit today against Immigration and Customs Enforcement (ICE) for unlawfully preventing attorneys from communicating with immigrants detained in four detention facilities in Florida, Louisiana, Texas, and Arizona.
  • Press Release

Violence and Racism at the Core of Migrant Deaths in West Texas

September 30, 2022
The warden of a privately run detention facility in West Texas Center—which very recently held detained individuals for U.S. Immigration Customs and Enforcement—was arrested and charged with manslaughter for shooting two migrants, killing one, in Sierra Blanca, Texas
  • Press Release

Victory as Groups Settle Lawsuit on Unlawful Detention of Unaccompanied Youth

September 8, 2022
A federal court approved a settlement agreement in a lawsuit challenging the unlawful detention of unaccompanied children who turn 18 in U.S. government custody and are transferred to Immigration and Customs Enforcement detention facilities.
  • Press Release

ICE to Close or Scale Back Use of Four Immigration Detention Facilities, Citing Concerns over Conditions, Treatment of Detained Individuals

March 25, 2022
U.S. Immigration and Customs Enforcement (ICE) announced that it will close or scale back four detention facilities over concerns about conditions at those centers.
  • Press Release

Immigrant Rights Groups Call for the Immediate Release of People Detained in Torrance County Detention Facility

March 18, 2022
In a damning report citing unsafe and unsanitary conditions at the Torrance County Detention Facility in New Mexico released today by DHS's oversight body urged ICE to immediately remove and relocate people detained at the ICE immigration detention center located in Estancia, New Mexico.
  • Press Release

Federal Court Orders ICE to End Unlawful Detention of Immigrant Youth Who Turn 18 in Federal Custody

September 22, 2021
A district court judge in Washington, D.C., ruled that ICE broke the law by detaining unaccompanied children who turned 18 and “aged out” of Office of Refugee Resettlement custody. The court ordered the agency to change its practices and procedures to avoid further unlawful detentions.
  • Press Release

Federal Judge Blocks ICE Enforcement Guidelines and Attempts to Upend Prosecutorial Discretion

August 19, 2021
A Texas judge blocked the Biden administration’s immigration enforcement priorities. The decision was issued in a case challenging ICE’s enforcement activities outside the scope laid out in the Feb. 18 enforcement memo.
  • Press Release

130+ Groups Release Top Five Immigration Priorities for Biden Administration’s Next Budget

August 17, 2021
As the Biden administration begins crafting next year's budget, 131 organizations published a statement for the Biden administration outlining the top immigration priorities that must be included in the country’s budget for Fiscal Year 2023.
  • Press Release

Biden Administration Expands Use of Title 42 and Proposes New Asylum Ban, In Exchange for Creation of Alternate Pathways for Migration and New Methods of Seeking Asylum at Ports of Entry

January 5, 2023
The American Immigration Council responds to new announced a series of border policy reforms, including a variant of President Trump's asylum "Transit Ban", from the Biden administration.
  • Practice Advisories

A Guide to Obtaining Detention Records

December 13, 2022
Our comprehensive guide on obtaining detention records provides a brief overview of FOIA requirements, information about the types of records government agencies possess, tips about how to request those records, and an overview of what to expect after submitting the request.
  • Press Release

Advocates File Lawsuit to Demand That ICE Make Immigration Bond Procedures Publicly Available on Its Website

December 8, 2022
The Council alongside other advocates has filed a lawsuit under the Freedom of Information Act (FOIA) to compel U.S. Immigration and Customs Enforcement (ICE) to publish on its website guidelines and procedures explaining how the agency processes bonds for the release of individuals in detention.
  • Litigation

The American Immigration Council Sues ICE to Compel Agency to Publish its Bond Payment Procedures

This Lawsuit seeks to compel ICE to comply with the Freedom of Information Act (FOIA) and publish bond processing procedures that must be followed to obtain the release of individuals in detention.
  • Press Release

Legal Organizations Sue ICE for Illegally Preventing Attorneys from Communicating with Detained Immigrants in Four States

October 13, 2022
Several legal services organizations filed a lawsuit today against Immigration and Customs Enforcement (ICE) for unlawfully preventing attorneys from communicating with immigrants detained in four detention facilities in Florida, Louisiana, Texas, and Arizona.
  • Litigation

Challenging the Government’s Barriers to Access to Counsel in Immigration Detention Centers

This lawsuit challenges ICE's policies that have made it extremely difficult—and in many cases impossible—for people in immigration detention to access their attorneys.
  • Press Release

Violence and Racism at the Core of Migrant Deaths in West Texas

September 30, 2022
The warden of a privately run detention facility in West Texas Center—which very recently held detained individuals for U.S. Immigration Customs and Enforcement—was arrested and charged with manslaughter for shooting two migrants, killing one, in Sierra Blanca, Texas
  • FOIA

Seeking Records About Possible Due Process Violations of Detainees at the Torrance Detention Facility

These Freedom of Information Act (FOIA) requests seek records from U.S. Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) about treatment of Haitian immigrants.
  • Press Release

Victory as Groups Settle Lawsuit on Unlawful Detention of Unaccompanied Youth

September 8, 2022
A federal court approved a settlement agreement in a lawsuit challenging the unlawful detention of unaccompanied children who turn 18 in U.S. government custody and are transferred to Immigration and Customs Enforcement detention facilities.
  • Fact Sheet

The Removal System of the United States: An Overview

Last modified: 
August 9, 2022
Publication Date: 
August 9, 2022
This fact sheet provides an explanation on how noncitizens may find themselves facing deportation from the country, how the removal proceeding may look, what types of relief can be sought after a...

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