Detention

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All Detention Content

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...
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-...
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.
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.
December 17, 2015
These accounts reveal the markedly dehumanizing conditions to which these women were subjected while in Border Patrol custody.
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...

June 10, 2015

Each year, the Border Patrol, a division of U.S. Customs and Border Protection (CBP), holds hundreds of thousands of people in detention facilities near the southern border that are...

October 6, 2011
One of the ugliest myths in the immigration debate is that immigrants are more likely to commit crime or pose a danger to society. Although studies repeatedly have shown that immigrants are less...
July 6, 2011
One of the ugliest myths in the immigration debate involves the relationship between immigrants and crime. While studies repeatedly have shown that immigrants are less likely to commit crimes than...
October 1, 2004
Over a thousand noncitizens face indefinite detention in the United States on the basis of a meaningless legal technicality.
September 18, 2018

The American Immigration Council and American Immigration Lawyers Association submitted a written statement to the Senate Committee on Homeland Security and...

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.
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.
October 25, 2016
The American Immigration Council, in collaboration with the American Immigration Law Association, filed an amicus brief in the case Jennings v. Rodriguez, calling for the Court to overturn Demore v. Kim and end mandatory detention.
The class-action lawsuit complaint alleges that Tucson Sector Border Patrol holds men, women, and children in freezing, overcrowded, and filthy cells for days at a time in violation of the U.S. Constitution and CBP’s own policies.
On October 21, 2014, the American Immigration Council, the American Civil Liberties Union, and the National Immigration Project of the National Lawyers Guild, with co-counsel, the National Immigration Law Center and Jenner & Block LLP, filed a lawsuit under the Freedom of Information Act to compel the release of government documents regarding the use of the expedited removal process against families with children, including those detained by the Department of Homeland Security (DHS) in Artesia, New Mexico. The suit was filed in the federal district court for the Southern District of New York.
On August 22, 2014, the American Immigration Council, in collaboration with the American Civil Liberties Union, the National Immigration Project of the National Lawyers Guild, the National Immigration Law Center, Van Der Hout Brigagliano & Nightingale LLP, and Jenner & Block, filed this lawsuit in the federal district court for the District of Columbia. The case was a systemic challenge to the policies denying a fair deportation process to mothers and children detained in the Artesia Family Residential Center who had fled extreme violence, death threats, rape, and persecution in Central America and come to the United States seeking safety.
On August 22, 2014, the American Immigration Council, in collaboration with the American Civil Liberties Union, the National Immigration Project of the National Lawyers Guild, the National Immigration Law Center, Van Der Hout Brigagliano & Nightingale LLP, and Jenner & Block, filed this lawsuit in the federal district court for the District of Columbia. The case was a systemic challenge to the policies denying a fair deportation process to mothers and children detained in the Artesia Family Residential Center who had fled extreme violence, death threats, rape, and persecution in Central America and come to the United States seeking safety.

Recommendations that DHS promulgate new regulations that ensure more effective oversight over the issuance of detainers and better protection for those subject to detainers.

Reducing Regulatory Burden; Retrospective Review Under Executive Order 13563, 76 Fed. Reg. 13526 (Mar. 14, 2011)
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 6, 2018

As Americans go to the polls, many will also be taking part in another form of government participation—submitting comments on the Trump administration’s proposal to expand family detention for...

October 22, 2018

The horrifying and tragic legacy of the Trump administration’s family separation policy—which allegedly ended by executive order in June this summer—is far from over. Even with many children still...

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...

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...

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...

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...

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...

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...

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...

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...

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.
March 29, 2018
The practice of detaining pregnant women is inhumane and unsafe.
August 16, 2017
The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum.
November 18, 2016
A federal district court found that U.S. Customs and Border Protection is violating the constitutional rights of people detained in holding facilities in Arizona and ordered the government to take steps to improve conditions in these facilities, known as hieleras.
August 18, 2016
Today, groups made public damning evidence, including expert testimony and video stills illustrating the deplorable and unconstitutional conditions detained individuals are subjected to in Border Patrol custody in the agency’s Tucson Sector.
July 20, 2016
Secretary of Homeland Security Jeh Johnson released a statement on plans to make “substantial changes” to the agency’s family detention policies. The following is a statement, in response, from Ben Johnson, Executive Director of the American Immigration Council.
July 7, 2016
The American Immigration Council and the American Immigration Lawyers Association commented on the decision from the Ninth Circuit Court of Appeals affirming that the nearly 20-year-old Flores Settlement Agreement governs the custody and release of all immigrant children, and that the Obama Administration’s family detention practices violate that agreement.
June 27, 2016
A federal district court unsealed some of the photographs central to ongoing litigation challenging deplorable and unconstitutional conditions in Border Patrol detention facilities in the agency’s Tucson Sector. The court also allowed the Arizona Republic newspaper to intervene in the case to argue for the release of the documents.
May 14, 2016

Washington D.C. - Yesterday, Immigration and Customs Enforcement (ICE) announced efforts to “enhance oversight” to help ensure that families are detained in “safe and humane facilities” and

January 28, 2016

DILLEY, Texas  Seven women picked up and detained by Immigration and Customs Enforcement in early January in widely publicized raids have made a direct and personal plea to Pre

November 6, 2018

As Americans go to the polls, many will also be taking part in another form of government participation—submitting comments on the Trump administration’s proposal to expand family detention for...

October 22, 2018

The horrifying and tragic legacy of the Trump administration’s family separation policy—which allegedly ended by executive order in June this summer—is far from over. Even with many children still...

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...

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...

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...

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...

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...

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...

September 18, 2018

The American Immigration Council and American Immigration Lawyers Association submitted a written statement to the Senate Committee on Homeland Security and...

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...

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