Detention

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 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.

January 18, 2019

Earlier this month, the Trump administration officially closed the doors of a “tent city” holding over 2,800 immigrant children in Tornillo, Texas. The closure comes after months of public...

January 10, 2019

Lack of transparency has long dogged the enforcement branches of the U.S. Department of Homeland Security (DHS). U.S. Customs and Border Protection (CBP), in particular, has been the subject of...

January 2, 2019

In early December, seven-year-old Guatemalan Jakelin Caal died within hours after coming into the custody of Customs and Border Protection (CBP). Her tragic death brought renewed attention to the...

December 17, 2018

In a year marked by the Trump administration’s cruel attempts to deter asylum-seeking families from coming to the United States, the news that a child had died in immigration custody appears to be...

December 14, 2018

A federal court in Seattle on Tuesday permitted a case challenging unlawful delays in asylum screening interviews and bond hearings for asylum seekers to move forward over the government’s...

December 5, 2018

There is a lot that we don’t know about immigration detention. Although Immigration and Customs Enforcement (ICE) has been in the headlines more often than in past years, the network of facilities...

November 30, 2018

Thousands of migrant children are currently being held at a tent city in Tornillo, Texas along the U.S.-Mexico border. Most of the children traveled alone in order to flee from violence in their...

November 29, 2018

Roxsana Hernández Rodriguez, a 33-year-old transgender woman from Honduras, died in U.S. Immigration and Customs Enforcement (ICE) custody in May, weeks after presenting herself at the San Ysidro...

November 19, 2018

After a summer in which almost 3,000 migrant children were separated from their parents at the border, the Trump administration admitted last week that it was holding a record number of children...

November 16, 2018

Ronald Vitiello, President Trump’s nominee to head Immigration and Customs Enforcement (ICE), had a nomination hearing in front of the Senate Homeland Security and Government Affairs Committee on...

December 13, 2018
A federal district court in Seattle, Washington issued an order rejecting the government’s arguments that recent asylum seekers who enter the United States without immigration status are not entitled to constitutional protections.
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 18, 2019

Earlier this month, the Trump administration officially closed the doors of a “tent city” holding over 2,800 immigrant children in Tornillo, Texas. The closure comes after months of public...

January 10, 2019

Lack of transparency has long dogged the enforcement branches of the U.S. Department of Homeland Security (DHS). U.S. Customs and Border Protection (CBP), in particular, has been the subject of...

January 2, 2019

In early December, seven-year-old Guatemalan Jakelin Caal died within hours after coming into the custody of Customs and Border Protection (CBP). Her tragic death brought renewed attention to the...

December 17, 2018

In a year marked by the Trump administration’s cruel attempts to deter asylum-seeking families from coming to the United States, the news that a child had died in immigration custody appears to be...

December 14, 2018

A federal court in Seattle on Tuesday permitted a case challenging unlawful delays in asylum screening interviews and bond hearings for asylum seekers to move forward over the government’s...

December 13, 2018
A federal district court in Seattle, Washington issued an order rejecting the government’s arguments that recent asylum seekers who enter the United States without immigration status are not entitled to constitutional protections.
December 5, 2018

There is a lot that we don’t know about immigration detention. Although Immigration and Customs Enforcement (ICE) has been in the headlines more often than in past years, the network of facilities...

November 30, 2018

Thousands of migrant children are currently being held at a tent city in Tornillo, Texas along the U.S.-Mexico border. Most of the children traveled alone in order to flee from violence in their...

November 29, 2018

Roxsana Hernández Rodriguez, a 33-year-old transgender woman from Honduras, died in U.S. Immigration and Customs Enforcement (ICE) custody in May, weeks after presenting herself at the San Ysidro...

November 19, 2018

After a summer in which almost 3,000 migrant children were separated from their parents at the border, the Trump administration admitted last week that it was holding a record number of children...

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