Detention

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

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All Detention Content

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.
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.
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.

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...

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...

This lawsuit seeks to uncover information about the government’s troubling new practice of employing U.S. Custom and Border Protection officers to screen asylum seekers.
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.
February 21, 2017
This Practice Advisory addresses the coming expansion of expedited removal.
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.

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...

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,...

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...

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...

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)...

March 19, 2020

As the global death toll from coronavirus (COVID-19) continues to mount and communities take steps to stem the further spread of the virus, immigration advocates and lawyers have sounded the alarm...

March 11, 2020

The Department of Homeland Security (DHS) revealed new information this week about two asylum programs  at the U.S.-Mexico border. These programs are under scrutiny because they make it almost...

February 20, 2020

A federal court found on Wednesday that U.S. Border Patrol may not detain migrants held in its facilities in Arizona’s Tucson Sector longer than 48 hours without providing for their “basic human...

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.
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.
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.
August 21, 2019
he Trump administration announced that it will publish a new regulation on Friday that allows for the indefinite detention of immigrant children. The rule will terminate the Flores Settlement Agreement, which currently requires that the government hold children in the least restrictive setting and release them as quickly as possible, generally within 20 days.
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 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.
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 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 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.
May 7, 2020
ICE must stop transferring people—some of whom may already have COVID-19—across the country between detention centers.
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...

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...

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,...

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