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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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

Mass Deportation

Publication Date: 
October 2, 2024
The mass deportation of millions of undocumented individuals would be tremendously expensive and would have a catastrophic impact on our economy—one that would be expansive and impact every American...
  • Research and Analysis

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

Publication Date: 
July 13, 2023
The American Immigration Council and partners filed an administrative complaint with the with the Department of Homeland Security's oversight bodies urging immediate investigation into the misuse of...
  • 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...
  • 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.
  • Fact Sheet

The Removal System of the United States: An Overview

Publication Date: 
August 9, 2022
This fact sheet provides an explanation on how noncitizens may find themselves facing deportation from the country, how the removal proceeding may look, what types of relief can be sought after a...
  • Fact Sheet

Oversight of Immigration Detention: An Overview

Publication Date: 
May 16, 2022
This fact sheet describes the organizational structure of immigration detention oversight, the standards by which detention centers are governed, where to file complaints regarding ICE detention, and...
  • Fact Sheet

The Institutional Hearing Program: An Overview

Publication Date: 
November 29, 2021
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
  • Fact Sheet

Prosecuting People for Coming to the United States

Publication Date: 
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-...
  • Fact Sheet

U.S. Citizen Children Impacted by Immigration Enforcement

Publication Date: 
June 24, 2021
Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
  • Special Report

Tracking the Biden Agenda on Immigration Enforcement

Publication Date: 
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.
  • FOIA

Torrance County Detention Facility’s Troubling Role in Detaining Haitian Migrants During the 2021 Del Rio Incident

 

...
  • FOIA

The Council Seeks Records on How the Government Interdicts Migrants at Sea

The American Immigration Council filed requests for records under the Freedom of Information Act (FOIA) with the U.S. Coast Guard (USCG), the U.S. Department of Homeland Security (DHS), and the U.S. Citizenship and Immigration Services (USCIS) to learn about the process migrants go through after they are interdicted by U.S. Coast Guard personnel.
  • 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.
  • FOIA Litigation

Council, ACLU Sue DHS and ICE To Obtain Plans for $10 Million Meant to Improve Legal Access in Detention

This Freedom of Information Act (FOIA) lawsuit seeks information on a $10 million appropriation made to improve legal access in detention.
  • Litigation

Challenging Credible Fear Interview and Bond Hearing Delays

This case challenges the punitive practice of keeping asylum seekers in custody for weeks or months without access to credible fear interviews or bond hearings and the lack of basic procedural protections—like hearing transcripts and written decisions—in bond hearings, as well as whether asylum seekers must bear the burden of proof in bond proceedings.
  • Litigation

The American Immigration Council Sues ICE to Compel Agency to Publish its Bond Payment Procedures

This Lawsuit seeks to compel ICE to comply with the Freedom of Information Act (FOIA) and publish bond processing procedures that must be followed to obtain the release of individuals in detention.
  • Amicus Briefs

Demanding ICE Provide Essential Data

Publication Date: 
January 30, 2023
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.
  • Litigation

Challenging the Government’s Barriers to Access to Counsel in Immigration Detention Centers

This lawsuit challenges ICE's policies that have made it extremely difficult—and in many cases impossible—for people in immigration detention to access their attorneys.
  • FOIA

Seeking Records About Possible Due Process Violations of Detainees at the Torrance Detention Facility

These Freedom of Information Act (FOIA) requests seek records from U.S. Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) about treatment of Haitian immigrants.
  • FOIA Litigation

Council Sues To Get Records of ICE’s Treatment of Haitian Nationals at the Torrance Detention Facility

This FOIA lawsuit seeks to compel U.S. Immigration and Customs Enforcement (ICE) to provide information about the agency’s treatment of Haitian nationals detained at the Torrance Detention Facility.
  • Practice Advisories

A Guide to Obtaining Detention Records

Publication Date: 
December 13, 2022
Our comprehensive guide on obtaining detention records provides a brief overview of FOIA requirements, information about the types of records government agencies possess, tips about how to request those records, and an overview of what to expect after submitting the request.
  • Practice Advisories

Introduction to Habeas Corpus

Publication Date: 
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

FOIA Documents Show Troubling Gaps in Transparency at Torrance County Detention Facility

October 29, 2024

The Torrance County Detention Facility, located in the remote deserts of New Mexico, is notorious for its mistreatment of migrants. The facility’s issues are compounded by the fact that Torrance...

  • Blog

ICE’s Faulty Detention Data Undercounts the Number of People in Its Custody

August 1, 2024

U.S. Immigration and Customs Enforcement (ICE) appears to be severely undercounting the number of people it has in immigration detention. A new report from the Government Accountability Office (...

  • Blog

Do 287(g) Agreements with ICE Make Communities Safer?

July 18, 2024

Written by Juan Avilez, Policy Associate for State and Local Initiatives and Raul Pinto, Deputy Legal Director  Texas’ SB4 set the tone for the national discourse around immigration enforcement....

  • Blog

CeBONDS One Year After its Implementation

June 28, 2024

Written by Raul Pinto & Laila Khan Approximately one year ago, U.S. Immigration and Customs Enforcement (ICE) launched Cash Electronic Bonds (CeBONDS), a web portal with the stated intent...

  • Blog

Differences in State Sunshine Laws Can Threaten Transparency Around Immigration Detention and Enforcement

March 15, 2024

By Tsion Gurmu, Legal Director at the Black Alliance for Just Immigration and Raul Pinto, Deputy Legal Director of Transparency The main way in which the public can access information about what...

  • Blog

Despite Progress, the Tragedy of Family Separation Can Never Be Undone

March 13, 2024

Six years ago, a man came to the U.S./Mexico border with his five-year-old daughter, looking for safety in the United States.   At home, a rival political faction had been making death threats...

  • Blog

Showdown Between Texas Authorities and the Federal Government Headed to the Supreme Court

March 8, 2024

By Kate Melloy Goettel and Juan Avilez  A Texas law that allows local law enforcement to arrest migrants, state court judges to issue removal orders, and state officials to remove migrants to...

  • 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...

  • 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,...

  • 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...

  • Press Release

NEW REPORT: Gaps in Detention Data from Torrance Detention Facility Show Racial Disparities

October 24, 2024
In a New Mexico detention center, ICE categorized People with African, Asian, and South American backgrounds as racially ‘white’
  • Press Release

New Report Details Catastrophic Impact of Mass Deportation and Family Separation Plans

October 2, 2024
A new report details the catastrophic costs of a potential mass deportation and family separation plan.
  • Press Release

Extended Harsh Asylum Restrictions Won’t Fix Our Broken Immigration System

October 1, 2024
We need a balanced approach to addressing challenges at our southern border and our overwhelmed, broken asylum system.
  • Press Release

Transgender and Nonbinary People Describe Discrimination, Harassment, and Mistreatment at Aurora Detention Facility in New Civil Rights Complaint

April 9, 2024
A new civil rights complaint filed on behalf of a group of transgender and non-binary individuals describes the routine abuse they endured at an ICE detention center in Aurora, Colorado.
  • Press Release

Texas SB4 Law Sets Damaging Precedent for Similar Bills that Endanger Immigrant Families

March 19, 2024
SB4 is cruel, inhumane, and clearly unconstitutional.
  • Press Release

Records Shed Light on Border Patrol’s Racial Profiling of Immigrants in Ohio

March 19, 2024
A new report sheds light on Border Patrol's use of racial profiling when targeting Latinos in northern Ohio.
  • Press Release

Complaint Filed Against ICE As Misuse of Solitary Confinement in Colorado Facility Raises Concerns

July 13, 2023
Immigration advocacy groups filed a complaint with DHS' oversight bodies urging an investigation into the increased use and misuse of solitary confinement at the Denver Contract Detention Facility in Aurora, Colorado.
  • Press Release

Biden Administration Expands Use of Title 42 and Proposes New Asylum Ban, In Exchange for Creation of Alternate Pathways for Migration and New Methods of Seeking Asylum at Ports of Entry

January 5, 2023
The American Immigration Council responds to new announced a series of border policy reforms, including a variant of President Trump's asylum "Transit Ban", from the Biden administration.
  • Press Release

Advocates File Lawsuit to Demand That ICE Make Immigration Bond Procedures Publicly Available on Its Website

December 8, 2022
The Council alongside other advocates has filed a lawsuit under the Freedom of Information Act (FOIA) to compel U.S. Immigration and Customs Enforcement (ICE) to publish on its website guidelines and procedures explaining how the agency processes bonds for the release of individuals in detention.
  • Press Release

Legal Organizations Sue ICE for Illegally Preventing Attorneys from Communicating with Detained Immigrants in Four States

October 13, 2022
Several legal services organizations filed a lawsuit today against Immigration and Customs Enforcement (ICE) for unlawfully preventing attorneys from communicating with immigrants detained in four detention facilities in Florida, Louisiana, Texas, and Arizona.
  • Blog

FOIA Documents Show Troubling Gaps in Transparency at Torrance County Detention Facility

October 29, 2024

The Torrance County Detention Facility, located in the remote deserts of New Mexico, is notorious for its mistreatment of migrants. The facility’s issues are compounded by the fact that Torrance...

  • FOIA

Torrance County Detention Facility’s Troubling Role in Detaining Haitian Migrants During the 2021 Del Rio Incident

 

...
  • Press Release

NEW REPORT: Gaps in Detention Data from Torrance Detention Facility Show Racial Disparities

October 24, 2024
In a New Mexico detention center, ICE categorized People with African, Asian, and South American backgrounds as racially ‘white’
  • Press Release

New Report Details Catastrophic Impact of Mass Deportation and Family Separation Plans

October 2, 2024
A new report details the catastrophic costs of a potential mass deportation and family separation plan.
  • Special Report

Mass Deportation

Publication Date: 
October 2, 2024
The mass deportation of millions of undocumented individuals would be tremendously expensive and would have a catastrophic impact on our economy—one that would be expansive and impact every American...
  • Press Release

Extended Harsh Asylum Restrictions Won’t Fix Our Broken Immigration System

October 1, 2024
We need a balanced approach to addressing challenges at our southern border and our overwhelmed, broken asylum system.
  • Blog

ICE’s Faulty Detention Data Undercounts the Number of People in Its Custody

August 1, 2024

U.S. Immigration and Customs Enforcement (ICE) appears to be severely undercounting the number of people it has in immigration detention. A new report from the Government Accountability Office (...

  • Blog

Do 287(g) Agreements with ICE Make Communities Safer?

July 18, 2024

Written by Juan Avilez, Policy Associate for State and Local Initiatives and Raul Pinto, Deputy Legal Director  Texas’ SB4 set the tone for the national discourse around immigration enforcement....

  • Blog

CeBONDS One Year After its Implementation

June 28, 2024

Written by Raul Pinto & Laila Khan Approximately one year ago, U.S. Immigration and Customs Enforcement (ICE) launched Cash Electronic Bonds (CeBONDS), a web portal with the stated intent...

  • FOIA

The Council Seeks Records on How the Government Interdicts Migrants at Sea

The American Immigration Council filed requests for records under the Freedom of Information Act (FOIA) with the U.S. Coast Guard (USCG), the U.S. Department of Homeland Security (DHS), and the U.S. Citizenship and Immigration Services (USCIS) to learn about the process migrants go through after they are interdicted by U.S. Coast Guard personnel.

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