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.

Recent Features

COMPLAINT
Complaint Urges Investigation Into Misuse of Solitary Confinement in Colorado Immigration Detention Center

We demand an investigation into ICE's use of solitary confinement to punish and control people detained at the Aurora Detention Center in Colorado.

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FACT SHEET
Alternatives to Immigration Detention: An Overview

The United States can and should implement alternatives to detention that serve to reduce the overall detention population.

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All Detention Content

  • 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.
  • Amicus Briefs

Jennings v. Rodriguez - Ninth Circuit

Publication Date: 
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.
  • Litigation

Challenging Unconstitutional Conditions in CBP Detention Facilities

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.
  • FOIA Litigation

FOIA Lawsuit on Use of Expedited Removal Against Families

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.
  • Litigation

Systemic Challenge to Policies at Artesia

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.
  • FOIA

Artesia FOIA

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.
  • Advocacy

Comments on U.S. Immigration and Customs Enforcement Draft Detainer Policy

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

  • 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

Bond Hearings for Asylum Seekers Are Latest Casualty of the Recent Supreme Court Term

August 2, 2022

For almost two decades, asylum seekers taken into Border Patrol custody who passed a “credible fear” interview have been eligible to seek release from detention on bond while they go through the...

  • Blog

Biden Released His Budget for 2023 – What Does it Mean for Immigration Issues?  

April 8, 2022

Every year, the president submits a budget request to Congress with their proposal for funding the federal government. Over the last 20 years, Congress has spent over $333 billion on immigration...

  • Blog

DHS Watchdog Recommends Immediate Action to Address Horrific Conditions in ICE Detention

March 22, 2022

In an unprecedented move, the Department of Homeland Security’s (DHS’) watchdog agency—the Office of the Inspector General (OIG)—just recommended that U.S. Immigration and Customs Enforcement (ICE...

  • Blog

COVID-19 Rates in ICE Detention Are at Record Highs. Advocates Are Demanding an Investigation.

February 14, 2022

The Omicron variant has spread through immigration detention like wildfire, with a record 14% of people in U.S. Immigration and Customs Enforcement (ICE) custody testing positive for COVID-19 as...

  • Blog

Leaked Photos Reveal Inhumane Conditions in Border Processing Centers

January 14, 2022

New leaked photos of Border Patrol stations in Yuma, Arizona show Customs and Border Protection’s (CBP) inhumane treatment of people apprehended at the border— revealing that years of overcrowded...

  • Blog

Supreme Court Hears Arguments Addressing the Legality of Detention Without Bond

January 12, 2022

Written by Caroline Walters and Kate Melloy Goettel  This week the Supreme Court heard oral arguments in two related immigration cases. Each asks whether certain noncitizens are entitled to bond...

  • Blog

Immigration Detention and Enforcement Are a Mixed Bag in Biden’s First Year

December 17, 2021

Immigration detention and enforcement in the United States under the first year of the Biden administration has been a mixture of improvements and setbacks. The Trump administration implemented...

  • Blog

Groups Call for Transparency Regarding Abuse and Mistreatment of Black Immigrants in Detention

November 10, 2021

By Tsion Gurmu, Legal Manager and Staff Attorney at the Black Alliance for Just Immigration and Emily Creighton, Legal Director of Transparency The public watched in horror this September as U.S....

  • Blog

$1/Day Labor Program for Immigrants in Detention Ruled Unlawful in Washington State

November 3, 2021

In a landmark court decision, Geo Group—one of the largest private prison companies that own and/or manage dozens of immigrant detention centers across the United States—was found to have violated...

  • Blog

ICE Makes It Impossible for Immigrants in Detention to Contact Lawyers

October 29, 2021

By Emma Winger, Staff Attorney, American Immigration Council, and Eunice Cho, Sr. Staff Attorney, ACLU National Prison Project “Ben G.” is a 35-year-old veterinarian from Nicaragua who fled to the...

  • Press Release

Government Continues Incarcerating Mothers and Children Despite Judge’s Ruling

October 23, 2015

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

  • Press Release

Immigrant Rights Advocates Sue to Reveal Policies and Procedures at Artesia Family Detention Facility

October 21, 2015

Washington D.C. - Immigrant rights groups today filed Freedom of Information Act (FOIA) litigation to compel the

  • 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

  • Research and Analysis

Alternatives to Immigration Detention: An Overview

Publication Date: 
July 11, 2023
This fact sheet provides an overview of the wide range of programs that provide alternatives to detention (ATDs) and run the gamut from no governmental intervention to extensive surveillance and...
  • Blog

Florida Wants All New Migrants Arriving at the Border Locked Up. The Courts are Helping.

June 15, 2023

Florida officials think the federal government must detain everyone – or virtually everyone – who arrives at the U.S.-Mexico border without a visa. And it is using the courts to try to make that...

  • Blog

Internal Investigation Shows Appalling Carelessness from Border Patrol Led to Death of 8-Year-Old

June 9, 2023

An internal investigation into the death of a medically vulnerable eight-year-old girl after over a week in Border Patrol custody continues to reveal shocking negligence on the part of medical...

  • Letters

Advocacy Groups Urge ICE to Preserve the Option of In-Person Bond Payments

Publication Date: 
June 1, 2023
The American Immigration Council urged ICE to preserve the option of in-person bond payments and raised concerns about the web-based system Cash Electronic Bonds Online (CeBONDS).
  • Special Report

Beyond A Border Solution

Publication Date: 
May 3, 2023
America needs durable solutions. These concrete measures can bring orderliness to our border and modernize our overwhelmed asylum system.
  • Blog

ICE Is Shifting Bond Payments to an Electronic System

April 26, 2023

Last week, U.S. Immigration and Customs Enforcement (ICE) announced the launch of CeBONDS, a new system people can use to pay bonds and secure the release of individuals in immigration detention....

  • Blog

A Closer Look at Deaths in ICE Detention Facilities

April 13, 2023

On April 6, Immigration and Customs Enforcement (ICE) announced the death of 61 year-old Salvador Vargas at the Stewart Detention Center in Lumpkin, GA which occurred on April 4. Deaths in ICE...

  • Blog

States Lead the Way in Banning Immigration Detention Centers

March 10, 2023

State governments are leading the way on eliminating a blemish from their communities—immigration detention centers. As some state governments begin their legislative sessions, bills attempting to...

  • Blog

6 Firsthand Stories That Reveal the Problem with Family Detention

March 8, 2023

Written by Atenas Burrola, Pro Bono Manager and Crystal Massey, National Pro Bono Coordinator for the Afghan Project at the American Immigration Council The Biden administration is reportedly...

  • Blog

This Is Pretty Simple, Mr. President: Don’t Restart Family Detention

March 7, 2023

The Biden administration is reportedly planning to detain large numbers of immigrant families again this spring. This is part of the administration’s plan to replace Title 42 with a new policy...

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