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

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...
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.
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...
The Council and Black Alliance for Just Immigration (BAJI) are investigating the abuse and mistreatment of Black immigrants in ICE detention facilities located in Louisiana, Mississippi, and Texas.
The Council filed multiple Freedom of Information Act requests to unearth the systems that the government uses in immigration enforcement and the data it collects.
February 12, 2021
The Council submitted this declaration in support of the ACLU's defense of the Biden Administration's moratorium on deportations. This declaration explains how the removal and detention system works.
November 12, 2020
The amicus brief in Pham v. Guzman Chavez urges the Supreme Court to find that the pre-final order detention statute applies to detained noncitizens with prior removal orders who have meritorious claims for a form of humanitarian protection known as withholding of removal.
September 30, 2020

U.S. Customs and Border Protection (CBP) is attempting to permanently destroy records related to civil rights complaints against the agency, administrative and criminal investigations into...

The Council filed a Freedom of Information Act (FOIA) lawsuit on behalf of the University of California (UCLA) School of Law Professor Ingrid Eagly seeking to uncover the scope and operation of...

This request would show whether CBP is violating statutory protections intended for these youth.
August 7, 2020
In the amicus brief, the Council and partners documented the reliance on these records by researchers and advocates to monitor and expose troubling practices.
July 21, 2020

The American Immigration Council signed on to a letter calling on Congress to demand greater transparency from Immigration and Customs Enforcement regarding Cameroonian and other Black...

July 17, 2020

The American Immigration Council joined a letter to the U.S. Department of Homeland Security calling on the release of all families held at all three Immigration and Customs...

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.
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.

April 20, 2021

This blog is the first in a three-part series from the Immigration Justice Campaign. Reflecting on his release from U.S. Immigration and Customs Enforcement (ICE) custody, Thomas,* a man who fled...

April 6, 2021

U.S. Immigration and Customs Enforcement (ICE) detention centers—which often suffer from cramped conditions and poor access to medical care—are highly conducive to the spread of COVID-19. But ICE...

March 26, 2021

After almost two years in U.S. Immigration and Customs Enforcement (ICE) custody, Martin Vargas Arellano was released to a hospital on March 5. ICE did not notify his family or attorney. Three...

March 23, 2021

The current situation at the U.S.-Mexico border—including the rise in immigrant children in U.S. government custody—has captured the nation’s attention in recent weeks. Much of the conversation...

March 9, 2021

The Biden administration announced new “enforcement priorities” for Immigration and Customs Enforcement (ICE) on February 18. The priorities were an initial step away from the Trump administration...

March 2, 2021

The U.S. government has long relied on a punitive and outdated detention system to keep immigrants in its custody. Even when U.S. Immigration and Customs Enforcement (ICE) places people on...

March 2, 2021

U.S. Immigration and Customs Enforcement (ICE) announced last week that it would make changes to two family detention centers in Texas that would result in families spending less time in detention...

January 4, 2021

This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election.  When the Biden administration takes...

November 18, 2020

The Trump administration announced on November 17 that it plans to start denying work permits to people who have been ordered deported, but who have been released from immigration custody because...

November 11, 2020

Immigration detention was dangerous before President Trump took office four years ago. His policies—coupled with a deadly global pandemic—have only made the situation more dire. Immigration...

March 23, 2021
The nation has turned its attention to the current situation at the U.S.-Mexico border, including the rise in immigrant children in U.S. government custody. Much of the conversation has focused on a supposed surge in arrivals under the Biden administration, but the current increase began well before President Biden took office.
March 1, 2021
A new publication provides a snapshot of the extent of available services that help migrants navigate the complexities of the U.S. immigration system.
February 11, 2021
A group of 120 legal and medical services and advocacy organizations sent a letter to the White House and Department of Homeland Security, asking the Biden administration to review the cases of thousands of people who remain in immigration detention, and release those who do not fall within the enforcement priorities detailed in the DHS enforcement priorities memo that took effect February 1.
November 12, 2020
The American Immigration Council, other immigrant rights organizations, and legal service providers filed a friend-of-the-court (or amicus) brief with the U.S. Supreme Court. The brief urges the justices to find that immigrants who seek humanitarian protection from removal should have access to bond hearings—instead of being subjected to mandatory detention.
September 15, 2020
AILA and the American Immigration Council are calling on Congress to initiate an immediate and thorough investigation into conditions and medical care at ICE detention centers following the disturbing news reports yesterday about the lack of COVID-19 protections and inadequate medical care, including a report that a number of women detained at the Irwin detention center in Ocilla, Georgia were unnecessarily subject to hysterectomies.
August 26, 2020
Individuals in U.S. Immigration and Customs Enforcement custody at the Otero County Processing Center filed a motion for preliminary injunction to stop ICE from denying detained individuals the ability to contact their lawyers and the outside world by phone.
July 2, 2020
A federal court has ruled that the failure of U.S. Immigration and Customs Enforcement (ICE) officers to consider less restrictive settings before transferring unaccompanied immigrant youth to ICE detention on their 18th birthdays violates U.S. immigration laws.
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 20, 2021

This blog is the first in a three-part series from the Immigration Justice Campaign. Reflecting on his release from U.S. Immigration and Customs Enforcement (ICE) custody, Thomas,* a man who fled...

The Council and Black Alliance for Just Immigration (BAJI) are investigating the abuse and mistreatment of Black immigrants in ICE detention facilities located in Louisiana, Mississippi, and Texas.
April 6, 2021

U.S. Immigration and Customs Enforcement (ICE) detention centers—which often suffer from cramped conditions and poor access to medical care—are highly conducive to the spread of COVID-19. But ICE...

April 2, 2021
The American Immigration Council joined other organizations in calling on the Biden administration to phase-out immigration detention, beginning with the closure of ten specific facilities.
March 29, 2021
The American Immigration Council joined over 150 other organizations in urging the Biden administration to prioritize the implementation of a file review process, initiated by ICE, to reconsider the...
March 26, 2021

After almost two years in U.S. Immigration and Customs Enforcement (ICE) custody, Martin Vargas Arellano was released to a hospital on March 5. ICE did not notify his family or attorney. Three...

March 23, 2021

The current situation at the U.S.-Mexico border—including the rise in immigrant children in U.S. government custody—has captured the nation’s attention in recent weeks. Much of the conversation...

March 23, 2021
The nation has turned its attention to the current situation at the U.S.-Mexico border, including the rise in immigrant children in U.S. government custody. Much of the conversation has focused on a supposed surge in arrivals under the Biden administration, but the current increase began well before President Biden took office.
The Council filed multiple Freedom of Information Act requests to unearth the systems that the government uses in immigration enforcement and the data it collects.
March 9, 2021

The Biden administration announced new “enforcement priorities” for Immigration and Customs Enforcement (ICE) on February 18. The priorities were an initial step away from the Trump administration...

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