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
  • Research and Analysis
Complaint Urges Investigation Into Misuse of Solitary Confinement in Colorado Immigration Detention Center

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
  • Research and Analysis
Alternatives to Immigration Detention: An Overview

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

  • Research and Analysis

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

Last modified: 
July 12, 2023
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...
  • Special Report

Beyond A Border Solution

Last modified: 
May 3, 2023
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

Last modified: 
August 9, 2022
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...
  • 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...
  • 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-...
  • 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.
  • Fact Sheet

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

Publication Date: 
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...
  • 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...
  • 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

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

Last modified: 
January 30, 2023
Publication Date: 
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.
  • 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.
  • FOIA

Compelling ICE to Publish Information About its Bond Procedures

This Freedom of Information Act (FOIA) request seeks to compel U.S. Immigration and Customs Enforcement to publish information on its website about how the public can pay bonds and secure the release of a loved one from ICE detention.
  • 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.
  • Practice Advisories

A Guide to Obtaining Detention Records

Last modified: 
December 13, 2022
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

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...

  • 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...

  • 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.
  • Press Release

Violence and Racism at the Core of Migrant Deaths in West Texas

September 30, 2022
The warden of a privately run detention facility in West Texas Center—which very recently held detained individuals for U.S. Immigration Customs and Enforcement—was arrested and charged with manslaughter for shooting two migrants, killing one, in Sierra Blanca, Texas
  • Press Release

ICE to Close or Scale Back Use of Four Immigration Detention Facilities, Citing Concerns over Conditions, Treatment of Detained Individuals

March 25, 2022
U.S. Immigration and Customs Enforcement (ICE) announced that it will close or scale back four detention facilities over concerns about conditions at those centers.
  • 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

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.
  • Advocacy

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

Last modified: 
September 7, 2023
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...
  • 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.
  • Research and Analysis

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

Last modified: 
July 12, 2023
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...
  • Letters

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

Last modified: 
June 1, 2023
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

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

Last modified: 
January 30, 2023
Publication Date: 
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.
  • 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.
  • Practice Advisories

A Guide to Obtaining Detention Records

Last modified: 
December 13, 2022
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.
  • 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.

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