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

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

  • 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.
  • Special Report

A Humane Approach Can Work: The Effectiveness of Alternatives to Detention for Asylum Seekers

July 22, 2015

For decades, the U.S. refugee protection system has been a symbol of the nation’s generosity and openness to the world’s persecuted. Yet since Congress’ enactment of the Illegal Immigration Reform...

  • 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

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...

  • Blog

Which Immigration Cases Will the Supreme Court Hear This Term?

September 28, 2018

On October 1, the Supreme Court will begin hearing cases for the start of its 2018-2019 term. Although only one immigration case is currently scheduled to be heard, challenges to President Trump’s...

  • Blog

In the Face of a Shutdown, Trump and Congress Delay Border Wall Fight Until December

September 27, 2018

President Trump announced on Wednesday that he plans to sign a spending bill that will fund some federal agencies for the entire fiscal year, as well as provide a short-term fix for six others...

  • Blog

A Record 13,300 Migrant Children Are Being Detained by the Trump Administration

September 25, 2018

The Trump administration is holding a record level of 13,300 migrant children in its custody, forcing the government to shift hundreds of millions of dollars to ensure there is enough money and...

  • Blog

More Communities Say They Won’t Jail Immigrants for ICE

September 21, 2018

A growing number of communities are reevaluating their role in detaining immigrants on behalf of U.S. Immigration and Customs Enforcement (ICE). Local officials in Atlanta, Georgia recently...

  • Blog

As Florence Hits US, Trump Administration Diverts Funds for Disaster Relief Towards Immigration Enforcement

September 14, 2018

As Hurricane Florence pummels the southeastern United States, newly released Department of Homeland Security (DHS) documents show that a total of $200 million—including $10 million from the...

  • Blog

Trump Administration Proposes Regulations in ‘Flores’ to Detain Migrant Children Longer in Unsafe Conditions

September 6, 2018

The Trump administration is proposing new regulations to indefinitely detain immigrant children at the border and keep them in unsafe conditions, creating a false choice between separating...

  • Blog

Medical Neglect and Abuse Reported at Atlanta Immigration Detention Center

August 30, 2018

U.S. Immigration and Customs Enforcement (ICE) currently uses hundreds of detention centers throughout the country to hold individuals in immigration proceedings. Many of these facilities have a...

  • Blog

Asylum Seekers Challenge Spending Months Locked Up Without Interviews or Bond Hearings

August 24, 2018

Earlier this year, the Trump administration launched its “zero tolerance” policy, aimed at punishing immigrants, including asylum seekers, who enter the United States without authorization. Among...

  • 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

Washington, D.C.— Today, the Trump administration proposed new regulations that could lead to the indefinite detention—and needless suffering—of asylum

  • 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.
  • Press Release

Complaint Filed with DHS Oversight Bodies Calls for Improvements to Medical and Mental Health Care of Immigrants in Aurora Detention Center

June 4, 2018
The complaint, filed on behalf of individuals who are and were detained at the Aurora facility, highlights the ways in which weak, insufficient medical practices threaten the health and well-being of detainees and directly impact their ability to pursue their immigration and asylum claims.
  • Press Release

Increase in Border Prosecutions Will Separate More Families

May 7, 2018
Attorney General Jeff Sessions and Immigration and Customs Enforcement acting Director Thomas Homan announced today that the Department of Justice and Department of Homeland Security will be stepping up prosecutions of individuals along the southern border—likely resulting in the criminalization of asylum seekers and more family separation.
  • 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...

  • Blog

Which Immigration Cases Will the Supreme Court Hear This Term?

September 28, 2018

On October 1, the Supreme Court will begin hearing cases for the start of its 2018-2019 term. Although only one immigration case is currently scheduled to be heard, challenges to President Trump’s...

  • Blog

In the Face of a Shutdown, Trump and Congress Delay Border Wall Fight Until December

September 27, 2018

President Trump announced on Wednesday that he plans to sign a spending bill that will fund some federal agencies for the entire fiscal year, as well as provide a short-term fix for six others...

  • Blog

A Record 13,300 Migrant Children Are Being Detained by the Trump Administration

September 25, 2018

The Trump administration is holding a record level of 13,300 migrant children in its custody, forcing the government to shift hundreds of millions of dollars to ensure there is enough money and...

  • Blog

More Communities Say They Won’t Jail Immigrants for ICE

September 21, 2018

A growing number of communities are reevaluating their role in detaining immigrants on behalf of U.S. Immigration and Customs Enforcement (ICE). Local officials in Atlanta, Georgia recently...

  • 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.
  • 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...

  • Blog

As Florence Hits US, Trump Administration Diverts Funds for Disaster Relief Towards Immigration Enforcement

September 14, 2018

As Hurricane Florence pummels the southeastern United States, newly released Department of Homeland Security (DHS) documents show that a total of $200 million—including $10 million from the...

  • Blog

Trump Administration Proposes Regulations in ‘Flores’ to Detain Migrant Children Longer in Unsafe Conditions

September 6, 2018

The Trump administration is proposing new regulations to indefinitely detain immigrant children at the border and keep them in unsafe conditions, creating a false choice between separating...

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending