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

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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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...
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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...
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November 29, 2021
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
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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-...
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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.
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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.
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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...
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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.
Publication Date: 
January 2, 2020
This fact sheet describes the populations, duration, and conditions for noncitizens detained in the United States by department.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This Freedom of Information Act lawsuit seeks to uncover information about the databases and systems that Department of Homeland Security (DHS) agencies use in immigration enforcement.
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.
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.
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.

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...

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...

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...

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...

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...

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...

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...

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...

January 14, 2022

New leaked photos of Border Patrol stations in Yuma, Arizona show Customs and Border Protection’s (CBP) inhumane treatment of people apprehended at the border— revealing that years of overcrowded...

January 12, 2022

Written by Caroline Walters and Kate Melloy Goettel  This week the Supreme Court heard oral arguments in two related immigration cases. Each asks whether certain noncitizens are entitled to bond...

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.
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
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.
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.
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.
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.
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.
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.
June 21, 2021
The American Immigration Council filed a Freedom of Information Act lawsuit against DHS and its two primary immigration enforcement agencies requesting information about the obscure network of databases, information systems, and data sharing methods that are largely shielded from public view.
May 28, 2021
The Biden administration disclosed today a $54.2 billion budget request for the U.S. Department of Homeland Security for fiscal year 2022. The request is is deeply disappointing and a missed opportunity to set immigration enforcement in the United States on a new path.
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.
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.
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
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.
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.
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...
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.
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.
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...

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...

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