Detention

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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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.

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All Detention Content

  • Special Report

The Impact of COVID-19 on Noncitizens and Across the U.S. Immigration System

Publication Date: 
September 30, 2020
This report identifies disruptions throughout the immigration system because of the COVID-19 pandemic and makes recommendations for improvements to the federal government’s response.
  • Fact Sheet

Immigration Detention in the United States by Agency

Publication Date: 
January 2, 2020
This fact sheet describes the populations, duration, and conditions for noncitizens detained in the United States by department.
  • Fact Sheet

Seeking Release from Immigration Detention

Publication Date: 
September 13, 2019
This fact sheet gives a brief overview of the process individuals must undergo to seek release from immigration detention.
  • Special Report

The Landscape of Immigration Detention in the United States

Publication Date: 
December 5, 2018
This analysis reveals that individuals detained by U.S. Immigration and Customs Enforcement were commonly held in privately operated and remotely located facilities, far away from basic community...
  • Fact Sheet

Legal Orientation Program Overview

Publication Date: 
September 6, 2018
The Legal Orientation Program (LOP) offers legal education, as well as referrals for free and low-cost legal counsel, to noncitizens in immigration detention.
  • Special Report

Detaining Families

Publication Date: 
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

Deportations in the Dark

Publication Date: 
September 19, 2017
Mexican migrants suffer a host of violations, abuses, and ill treatment while in the custody of U.S. immigration authorities.
  • Special Report

The Perils of Expedited Removal

Publication Date: 
May 9, 2017
Detained asylum seekers encounter numerous challenges, including the following problems detailed in this report.
  • Special Report

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

Publication Date: 
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

Publication Date: 
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.
  • Amicus Briefs

Amicus Brief Argues that Exclusionary Rule in Criminal Proceedings Should Apply to Evidence Related to Identity in Prosecutions for Illegal Reentry

Publication Date: 
March 28, 2022
In the amicus brief filed with the Third Circuit Court of Appeals, the Council argues that the exclusionary rule in criminal proceedings should apply to evidence related to identity, because it is an essential deterrent to ICE’s widespread racially discriminatory enforcement practices.
  • FOIA Litigation

Council Sues to Press for Records About the Treatment of Black Immigrants in Detention

This FOIA suit seeks to compel ICE to release information about conditions, treatment, and outcomes in eight immigration detention facilities in the U.S. South.
  • Amicus Briefs

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

Publication Date: 
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.
  • 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

Publication Date: 
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

Publication Date: 
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

Publication Date: 
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.
  • Blog

Biden Keeps Ties with Billion-Dollar Business of Immigration Detention, Despite Reports of Serious Abuse

August 17, 2023

On Thanksgiving Day 2017, U.S. Immigration and Customs Enforcement (ICE) officers arrested Kamyar Samimi—a lawful permanent resident with a decade-old conviction for drug possession—and sent him...

  • Blog

Stays in CBP Custody Are Getting Longer Due to ‘Phone Booth Asylum’ Policy

July 21, 2023

“I never thought I’d say there’s anything worse than ICE custody, but this is it.” That’s an immigration attorney in San Diego talking to CNN about the shelter facilities run by U.S. Customs and...

  • Blog

New Complaint Shows ICE’s Use of Solitary Confinement Is Excessive

July 14, 2023

“If I spoke too loudly, solitary. If I climbed on top of a table to get a guard’s attention, solitary. If I had suicidal thoughts, solitary. When the guards would tease me about being deported...

  • 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...

  • 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...

  • Press Release

Immigrant Rights Groups Call for the Immediate Release of People Detained in Torrance County Detention Facility

March 18, 2022
In a damning report citing unsafe and unsanitary conditions at the Torrance County Detention Facility in New Mexico released today by DHS's oversight body urged ICE to immediately remove and relocate people detained at the ICE immigration detention center located in Estancia, New Mexico.
  • 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

Lawsuit Seeks to Advance Public Understanding of ICE and CBP Enforcement Operations and Practices

June 21, 2021
The American Immigration Council filed a Freedom of Information Act lawsuit against DHS and its two primary immigration enforcement agencies requesting information about the obscure network of databases, information systems, and data sharing methods that are largely shielded from public view.
  • 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

New Report Examines Biden’s Approach to Immigration Enforcement

May 20, 2021
A new American Immigration Council report examines the Biden administration’s approach to the U.S. system of immigration enforcement during its first 100 days in office.
  • Press Release

Advocates Seek Answers to Reports of Discriminatory Treatment of Black Immigrants in ICE Detention

May 18, 2021
The Council and Black Alliance for Just Immigration filed 10 FOIA requests to uncover what is happening inside immigration detention facilities and how ICE treats incarcerated Black immigrants in Louisiana, Mississippi, and Texas.
  • 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

Survey of Hundreds of Organizations Shows Extent of Community-Based Support for People Navigating the U.S. Immigration System

March 1, 2021
A new publication provides a snapshot of the extent of available services that help migrants navigate the complexities of the U.S. immigration system.
  • Comments

Improving ICE Compliance with Congressional Reporting Requirements

Publication Date: 
February 23, 2024
Immigration policy experts and legal service providers developed the following recommendations with the goal of improving public access to information that Congress has required U.S. Immigration and...
  • Blog

ICE Subjected Immigrants in Detention to Unnecessary Surgeries, Report Finds

February 2, 2024

The Office of Inspector General for the U.S. Department of Homeland Security (OIG) published a report last month finding that nearly one-third of medical procedures performed on immigrants in U.S...

  • Comments

Council and Partners Oppose CBP's Proposal to Dispose of Medical Records of People in CBP Custody

Publication Date: 
January 18, 2024
The Council, along with the ACLU National Prison Project and the Texas Civil Rights Project, led efforts to oppose U.S. Customs and Border Protection’s (CBP) proposal to destroy records of medical...
  • Blog

White House Leans Into Trump-Era Immigration Policy Changes to Get Ukraine Aid

December 13, 2023

The Biden administration signaled on December 12 that it is willing to make disastrous—and permanent—changes to asylum and immigration policy to obtain temporary military aid for Ukraine, Israel,...

  • FOIA

Council and AILA File FOIA Requests Seeking Information on FERM Program

These Freedom of Information Act requests seek to uncover information about the FERM program, which places families enrolled on a fast track to deportations if they don’t pass credible fear interviews.
  • Letters

Council, Partners, Renew Advocacy For Meaningful Access to Counsel in Detention

Publication Date: 
November 21, 2023
The American Immigration Council and nearly 90 legal service provider organizations sent a letter to ICE Acting Director Patrick Lechleitner highlighting the obstacles to attorney access that exist...
  • Blog

New Board of Immigration Appeals Decision Sets Roadblock for Cubans, Others Seeking Green Cards 

September 28, 2023

A recent Board of Immigration Appeals (BIA) decision bars certain recently arrived noncitizens from becoming lawful permanent residents. In Matter of Cabrera-Fernandez, the BIA held that the...

  • Blog

Biden Administration Fights to Keep Private Immigration Jails Open, Despite Promises

September 8, 2023

“There should be no private prisons, period, none, period. And we are working to close all of them.” Those are the words of President Joe Biden in April 2021, when he was called out by immigrant...

  • Advocacy

The Council and AILA submit comment on DHS rule allowing electronic service of cash bond notices

Publication Date: 
September 7, 2023
The Council and the American Immigration Lawyers Association comment on DHS's Interim Final Rule on its plan to electronically serve bond-related notifications to obligors to release immigration...
  • Blog

Biden Keeps Ties with Billion-Dollar Business of Immigration Detention, Despite Reports of Serious Abuse

August 17, 2023

On Thanksgiving Day 2017, U.S. Immigration and Customs Enforcement (ICE) officers arrested Kamyar Samimi—a lawful permanent resident with a decade-old conviction for drug possession—and sent him...

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