Detention

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

Recent Features

  • FOIA 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

  • Advocacy

Response to DHS's request for comments in connection with a review of existing regulations (submitted April 13, 2011)

Reducing Regulatory Burden; Retrospective Review Under Executive Order 13563, 76 Fed. Reg. 13526 (Mar. 14, 2011)
  • Blog

The Number of People in ICE Detention with Criminal Records Continues to Drop

December 11, 2019
As U.S. Immigration and Customs Enforcement (ICE) has expanded immigration capacity across the country in recent years, the number of people held in its facilities with actual criminal records...
  • Blog

Detention of Pregnant Women Increases 52% Under the Trump Administration

December 10, 2019
The rate at which U.S. Immigration and Customs Enforcement (ICE) detained pregnant women increased 52% during the first two years of the Trump administration, according to a Government Accountability...
  • Blog

ICE Revises Its Standards for Some Detention Facilities

December 2, 2019

U.S. Immigration and Customs Enforcement (ICE) recently published an update to its National Detention Standards (NDS), which govern the treatment of people held in facilities that rent some of...

  • Blog

Prosecutions from Workplace Immigration Raids Overwhelm Mississippi Legal System

October 22, 2019

The consequences of record-breaking workplace immigration raids are still overwhelming the legal system in southern Mississippi. After the Trump administration repeatedly threatened mass raids...

  • Blog

California Bans Private Prisons, Eliminating Immigration Detention Centers That Incarcerate 4,000 People

October 16, 2019

California Governor Gavin Newsom signed a bill into law on Friday that will phase out private prisons—including federal immigration detention centers—throughout the state. The new law, AB 32,...

  • Blog

Pennsylvania Should Widen Access to Justice for People in Immigration Detention

October 11, 2019

People in immigration detention who are represented by an attorney are more likely to receive a positive outcome in immigration court than those that face judges alone. Unfortunately, people who...

  • Blog

Federal Court Blocks Error-Prone ICE Deportation Program

October 10, 2019

U.S. Immigration and Customs Enforcement (ICE) has arrested millions of people based on unreliable electronic databases. In a recent court decision with nationwide impact, a federal judge in...

  • Blog

Cameroonian’s Death in ICE Custody Underscores Problems with Immigration Detention

October 7, 2019

Nebane Abienwi, a 37-year-old man who had recently fled war-torn Cameroon, died in U.S. Immigration and Customs Enforcement (ICE) custody on Tuesday. His passing—the first of the new fiscal year...

  • Blog

Federal Judge Says DHS Must Keep Its Promise to Protect Children in Immigration Detention

October 2, 2019

A federal judge on Friday blocked the Trump administration’s attempts to significantly undo the Flores Settlement Agreement, which mandates certain protections for children held in immigration...

  • Blog

State Governments Should Step In to Provide Oversight of Detention Facilities

September 26, 2019

Immigration enforcement may be a federal responsibility, but state governments have a great deal of power over the conditions under which immigrants are detained. At a time when over-crowded...

  • Press Release

Just-Released Customs and Border Protection Standards Still Lack Accountability

October 5, 2015

Washington, D.C. — Today, U.S.

  • Press Release

Coercion and Intimidation of Detained Mothers and Children Must Stop

September 30, 2015

Today, Catholic Legal Immigration Network (CLINIC), the American Immigration Council, Refugee and Immigrant Center for Education and Legal Services (RAICES), and the American Immigration Lawyers As

  • Press Release

Obama Administration Again Hands Families Over to Private Prison Company

September 18, 2015

Washington, DC – Today, Catholic Legal Immigration Network (CLINIC), the American Immigration Council, Refugee and Immigrant Center for Education and Legal Services (RAICES), and the America

  • Press Release

Department of Justice's Shameful Attempt to Pretty up Family Detention Comes up Woefully Short

August 27, 2015

Washington, DC – The American Immigration Lawyers Association (AILA) and the American Immigration Council (Council) are outraged by the U.S.

  • Press Release

Court Orders Prompt Release of Immigrant Children from Family Detention

August 24, 2015

Washington, D.C. - The American Immigration Lawyers Association (AILA) and the American Immigration Council (Council) welcome a decision released Friday evening by U.S.

  • Press Release

Deplorable Medical Treatment at Family Detention Centers

July 30, 2015
Ten mothers came forward to lodge formal complaints about the substandard medical care they and their children received while detained by the Department of Homeland of Security.
  • Press Release

Incarcerated Children and Mothers Denied Due Process and Critical Information Before Release

July 27, 2015

Washington, D.C. – Today, Catholic Legal Immigration Network (CLINIC), the American Immigration Council, Refugee and Immigrant Center for Education and Legal Services (RAICES), and the Ameri

  • Press Release

Vaccine Overdose to Detained Children Another Sign that Family Detention Must End

July 4, 2015

Washington D.C. - This weekend, the American Immigration Lawyers Association (AILA) and the American Immigration Council (Council) learned that, recently, medical personnel at the detention

  • Press Release

United States Agrees to Settle Lawsuit Alleging Wrongful Deportation

July 2, 2015
  • Press Release

Immigrants Held for Days in Freezing, Unsanitary Cells File Class-Action Lawsuit

June 10, 2015

Washington D.C. — Tucson Sector Border Patrol holds men, women, and children in freezing, overcrowded, and filthy cells for extended periods of time in violation of the U.S.

  • Blog

Firsthand Experiences Inside ICE Facilities During the Pandemic Underscore Why Immigration Detention Should be Abolished

April 22, 2021

This blog is the second in a three-part series examining President Biden’s first 100 days in office from the Immigration Justice Campaign. Many of us will always vividly remember the fear and lack...

  • Blog

The First 100 Days: Biden on Immigration Detention

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...

  • Blog

Arizona ICE Detention Center Violated COVID-19 Safety Protocols by Refusing to Provide Masks or Enforce Social Distancing

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...

  • Letters

Coalition Letter Calling for Phase-Out of Detention, Beginning with Ten Facilities

Publication Date: 
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.
  • Letters

Follow-up Coalition Letter Urges Reconsideration of Custody Determination for Every Person in ICE Custody

Publication Date: 
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...
  • Blog

How Many ICE-Related COVID-19 Deaths Have Gone Unreported?

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...

  • Letters

Council Urges DHS to Establish a Functioning System of Discretionary Review from ICE Detention

Publication Date: 
March 25, 2021
The Council and AILA sent a letter to DHS Secretary Alejandro Mayorkas urging the need for a functioning system of discretionary release within U.S. Customs and Immigration Enforcement (ICE).
  • Blog

What’s Not Being Said About the Border

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...

  • Press Release

Facts About the Current Situation at the Border

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.
  • FOIA

Uncovering Immigration Enforcement Agency Databases

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.

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