Detention

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Recent Features

  • Litigation

Stopping Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic

The Council filed a lawsuit to close the immigration courts and ensure due process.

All Detention Content

  • Research and Analysis

Council and Partners Call on ICE and USCIS to Eliminate Delays for Detained Asylum Seekers

October 20, 2021
The Council and partners urged ICE and USCIS in a letter to ensure timely credible and reasonable fear interviews at U.S. immigration detention centers.
  • Fact Sheet

Prosecuting People for Coming to the United States

August 23, 2021
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-...
  • Special Report

Tracking the Biden Agenda on Immigration Enforcement

May 20, 2021
This report analyzes the Biden administration's 100 days progress in reforming immigration enforcement and recommendations for how to best move forward.
  • Fact Sheet

Community Support for Migrants Navigating the U.S. Immigration System

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...
  • Fact Sheet

The Institutional Hearing Program: An Overview

July 17, 2019
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
  • Special Report

Detaining Families

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...
  • Special Report

Divided by Detention: Asylum-Seeking Families’ Experiences of Separation

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.
  • Special Report

Detained Beyond the Limit

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.
  • Special Report

Hieleras (Iceboxes) in the Rio Grande Valley Sector

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

A Humane Approach Can Work: The Effectiveness of Alternatives to Detention for Asylum Seekers

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...

  • Amicus Briefs

Amicus Brief Filed with Supreme Court of Michigan in Support of State FOIA Request in Wrongful Detention Case

September 10, 2021
In the amicus brief filed with the Supreme Court of Michigan, the Council and partners reject Calhoun County's position to withhold records that otherwise would be released under the Michigan state FOIA.
  • FOIA

Seeking Records About ICE’s Compliance with DHS’s Enforcement Priorities

This FOIA requests effort seeks records on ICE reports about its enforcement activities, whether the people arrested by ICE fit into the DHS’s enforcement priorities, and information about instances when officers pursued enforcement actions against individuals who would not be considered priorities for immigration enforcement.
  • Amicus Briefs

Demanding ICE Provide Essential Data

August 27, 2021
The Council submitted an amicus brief explaining why ICE should release usable immigration data. The amicus brief was filed in a case where the ACLU is seeking information about how individuals are impacted by ICE enforcement practices.
  • FOIA Litigation

Council Sues Immigration Agencies for Records of Enforcement Databases

This Freedom of Information Act lawsuit seeks to uncover information about the databases and systems that Department of Homeland Security (DHS) agencies use in immigration enforcement.
  • Amicus Briefs

Council Files Amicus Brief on the Legality of Prolonged Mandatory Detention

May 27, 2021
The amicus brief in Ayom v. Garland urges the eighth circuit to affirm that mandatory detention has constitutional limits, and reject the endorsement of prolonged mandatory detention for people in removal proceedings.
  • FOIA

Scrutinizing the Treatment and Conditions Black Immigrants Face in Detention

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.
  • 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.
  • Amicus Briefs

Supporting Detained Individual’s Right to Access ICE Detention Records through a State FOIA Request

February 26, 2021
In the amicus brief, the Council and partners reject Calhoun County's position to withhold records that otherwise would be released under the Michigan state FOIA.
  • Declaration

Council Submits Declaration in Deportation Moratorium Case, Explaining the Complex System of Enforcement and Removal

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.
  • FOIA

Demanding Records on the Unlawful Detention, Expulsion and Deportation of Migrant Youth During the COVID-19 Pandemic

This request would show whether CBP is violating statutory protections intended for these youth.
  • Practice Advisories

Introduction to Habeas Corpus

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.

  • Blog

Ninth Circuit Lifts Injunction Protecting People in ICE Detention from COVID-19

October 21, 2021

In a split decision, the Ninth Circuit Court of Appeals on October 20 lifted a lower court’s protections for medically vulnerable people locked up in U.S. Immigration and Customs Enforcement (ICE...

  • Blog

ICE Fails to Provide Basic Oversight of Solitary Confinement and Unlawfully Destroys Records

October 19, 2021

U.S. Immigration and Customs Enforcement (ICE) has been known to improperly subject individuals in its custody to solitary confinement and has destroyed solitary confinement records in violation...

  • Blog

ICE Needs a Consistent System of Discretionary Release from Detention

October 13, 2021

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) need to establish clear guidance for when ICE should release someone from detention. So far, the Biden...

  • Blog

California Law Would Prevent Transfers From Local Law Enforcement to ICE Custody

September 9, 2021

Proposed legislation in California that would further limit the state’s involvement in immigration detention has made progress toward becoming law. The VISION Act would prevent transfers to U.S....

  • Blog

TX Court Issues Stunning Order: US Government Can’t Set Priorities for Immigration Enforcement

August 20, 2021

Judge Drew Tipton of the Southern District of Texas on August 19 blocked a set of enforcement priorities the Biden administration had issued in January and February 2021 in an attempt to focus...

  • Blog

New Illinois Law Expected to Go Furthest Toward Ending Immigration Detention in the US

August 10, 2021

A new Illinois law limiting U.S. Immigration and Customs Enforcement (ICE) detention is expected to effectively end detention in the state by next year. The law goes further than those that have...

  • Blog

ICE Will Stop Arresting and Detaining Most Pregnant and Nursing People

July 9, 2021

U.S. Immigration and Customs Enforcement (ICE) will no longer detain most people who are pregnant, postpartum, or nursing, according to a new policy released on July 9. However, ICE did not commit...

  • Blog

Supreme Court Denies Bond Hearings to People Pursuing Protection Claims Who Have Prior Removal Orders

June 30, 2021

The Supreme Court issued a decision on June 29 in the Johnson v. Guzman Chavez case. The majority of the justices determined that people with prior removal orders are subject to mandatory...

  • Blog

ICE Spread COVID-19 Across the Country, Not Just in Immigration Detention Centers

May 26, 2021

U.S. Immigration and Customs Enforcement (ICE) mishandled the coronavirus outbreak in detention centers so badly that it not only lead to horrific conditions and deaths among people in its custody...

  • Blog

It’s Time for Real Alternatives to Immigration Detention

May 7, 2021

Every year the U.S. government locks up thousands of non-citizens in a prison system few Americans know about—the immigration detention system. Though immigration detention is termed “civil”...

  • Press Release

Federal Court Orders ICE to End Unlawful Detention of Immigrant Youth Who Turn 18 in Federal Custody

September 22, 2021
A district court judge in Washington, D.C., ruled that ICE broke the law by detaining unaccompanied children who turned 18 and “aged out” of Office of Refugee Resettlement custody. The court ordered the agency to change its practices and procedures to avoid further unlawful detentions.
  • Press Release

Federal Judge Blocks ICE Enforcement Guidelines and Attempts to Upend Prosecutorial Discretion

August 19, 2021
A Texas judge blocked the Biden administration’s immigration enforcement priorities. The decision was issued in a case challenging ICE’s enforcement activities outside the scope laid out in the Feb. 18 enforcement memo.
  • Press Release

130+ Groups Release Top Five Immigration Priorities for Biden Administration’s Next Budget

August 17, 2021
As the Biden administration begins crafting next year's budget, 131 organizations published a statement for the Biden administration outlining the top immigration priorities that must be included in the country’s budget for Fiscal Year 2023.
  • Press Release

Biden Budget Request on Immigration is a Missed Opportunity for Meaningful Change

May 28, 2021
The Biden administration disclosed today a $54.2 billion budget request for the U.S. Department of Homeland Security for fiscal year 2022. The request is is deeply disappointing and a missed opportunity to set immigration enforcement in the United States on a new path.
  • 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.
  • Press Release

Federal Court Finds Conditions in Customs and Border Protection Detention Facilities Unconstitutional

February 19, 2020
A federal court ordered U.S. Customs and Border Protection to overhaul the way the agency detains people in its custody in the Tucson Sector. The court found that the conditions in CBP holding cells, especially those that preclude sleep over several nights, are presumptively punitive and violate the U.S. Constitution.
  • Press Release

Trial Challenging Unconstitutional Conditions in Customs and Border Protection's Facilities in Arizona Ends

January 23, 2020
During the course of the trial, a federal judge heard from qualified experts who testified on the inadequate medical care and severe conditions inside CBP detention centers.
  • Press Release

Increase in Border Prosecutions Will Separate More Families

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.
  • Press Release

ICE Formalizes Inhumane Detention Policies for Pregnant Women

March 29, 2018
The practice of detaining pregnant women is inhumane and unsafe.
  • Press Release

ICE Settles Case Challenging Interference with Legal Representation at Dilley

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.
  • Blog

Ninth Circuit Lifts Injunction Protecting People in ICE Detention from COVID-19

October 21, 2021

In a split decision, the Ninth Circuit Court of Appeals on October 20 lifted a lower court’s protections for medically vulnerable people locked up in U.S. Immigration and Customs Enforcement (ICE...

  • Research and Analysis

Council and Partners Call on ICE and USCIS to Eliminate Delays for Detained Asylum Seekers

October 20, 2021
The Council and partners urged ICE and USCIS in a letter to ensure timely credible and reasonable fear interviews at U.S. immigration detention centers.
  • Blog

ICE Fails to Provide Basic Oversight of Solitary Confinement and Unlawfully Destroys Records

October 19, 2021

U.S. Immigration and Customs Enforcement (ICE) has been known to improperly subject individuals in its custody to solitary confinement and has destroyed solitary confinement records in violation...

  • Blog

ICE Needs a Consistent System of Discretionary Release from Detention

October 13, 2021

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) need to establish clear guidance for when ICE should release someone from detention. So far, the Biden...

  • Letters

Coalition Letter Calls on Biden Administration to End Private and Local Detention Contracts and Take Steps to Dismantle Detention System

October 11, 2021
The American Immigration Council joins a coalition letter that calls on the Biden administration to terminate local detention contracts and halt all other efforts to expand the ICE detention system...
  • Letters

Council and AILA Follow Up with DHS Regarding a Functioning System of Discretionary Release from ICE Detention

October 5, 2021
The Council and AILA, through their Immigration Justice Campaign followed up on their March 25, 2021 letter to the DHS and ICE with examples of unfair denials of requests for release at ICE...
  • Press Release

Federal Court Orders ICE to End Unlawful Detention of Immigrant Youth Who Turn 18 in Federal Custody

September 22, 2021
A district court judge in Washington, D.C., ruled that ICE broke the law by detaining unaccompanied children who turned 18 and “aged out” of Office of Refugee Resettlement custody. The court ordered the agency to change its practices and procedures to avoid further unlawful detentions.
  • Amicus Briefs

Amicus Brief Filed with Supreme Court of Michigan in Support of State FOIA Request in Wrongful Detention Case

September 10, 2021
In the amicus brief filed with the Supreme Court of Michigan, the Council and partners reject Calhoun County's position to withhold records that otherwise would be released under the Michigan state FOIA.
  • Blog

California Law Would Prevent Transfers From Local Law Enforcement to ICE Custody

September 9, 2021

Proposed legislation in California that would further limit the state’s involvement in immigration detention has made progress toward becoming law. The VISION Act would prevent transfers to U.S....

  • FOIA

Seeking Records About ICE’s Compliance with DHS’s Enforcement Priorities

This FOIA requests effort seeks records on ICE reports about its enforcement activities, whether the people arrested by ICE fit into the DHS’s enforcement priorities, and information about instances when officers pursued enforcement actions against individuals who would not be considered priorities for immigration enforcement.

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