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

  • 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.
  • Amicus Briefs

Stopping the Destruction of ICE's Records on Abuse and Mistreatment of People in Detention

Publication Date: 
August 7, 2020
In the amicus brief, the Council and partners documented the reliance on these records by researchers and advocates to monitor and expose troubling practices.
  • Amicus Briefs

Council Files Amicus Brief Supporting the Release of Individuals from Immigration Detention During the COVID-19 Pandemic

Publication Date: 
May 12, 2020
The American Immigration Council filed this amicus curiae brief in support of individuals who sought release from detention due to their significant risk of infection from COVID-19.
  • FOIA Litigation

After Filing Suit, Council Releases Records Describing ICE’s Response to the COVID-19 Pandemic

The American Immigration Council filed a lawsuit after Immigration and Customs Enforcement (ICE) failed to timely respond to the Council’s Freedom of Information Act (FOIA) request.

The...

  • 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.
  • FOIA

Requesting ICE Records About Detained Individuals at Risk of Exposure to COVID-19

This request seeks information that will enhance the public’s understanding of steps ICE has taken to protect detained individuals from an outbreak of COVID-19.
  • Legal Resources and Litigation

Statement for the House Subcommittee on Oversight, Management, & Accountability "Hearing on Oversight of ICE Detention Facilities: Is DHS Doing Enough?"

September 25, 2019
This statement shares our knowledge about these problems and inform the Subcommittee of these systemic human rights and due process violations. We hope that our perspective provides insight context for this important hearing.
  • FOIA Litigation

FOIA Lawsuit Demands Release of Information on the Institutional Hearing Program

This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP).
  • Advocacy

Statement for the Senate Committee on Homeland Security and Governmental Affairs Hearing on "The Implications of Reinterpretation of the Flores Settlement for Border Security and Illegal Immigration Incentives"

September 18, 2018

The American Immigration Council and American Immigration Lawyers Association submitted a written statement to the Senate Committee on Homeland Security and...

  • FOIA

Family Separation FOIA Request

The requests ask for policies, guidelines, or procedures followed or used by the governmental agencies to address the processing and treatment of families at the U.S.-Mexico border and specifically, the separation of adult family members from minor children and the criminal prosecution of adult family members.
  • 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...

  • Blog

Supreme Court Pauses Oral Arguments in Title 42 Case – What’s next?

February 17, 2023

In December 2022, the Supreme Court stepped in to keep Title 42 (the pandemic health policy that has allowed the United States to carry out over 2.5 million expulsions since March 2020) in effect...

  • Blog

Family Reunification Task Force Reports Nearly 1,000 Children Remain Separated

February 10, 2023

Nearly 1,000 children separated from their families at the southern border by the Trump administration remain separated to this day, according to a Biden administration fact sheet released on...

  • Blog

Who Is in ICE Detention Right Now? New Data Provides a Snapshot of Sprawling Detention System

February 3, 2023

Recently published data from U.S. Immigration and Customs Enforcement (ICE) provides insight into who ICE is detaining and for how long. The results show that the majority of noncitizens are being...

  • Blog

ICE Makes Paying Bond Extremely Difficult. This Lawsuit Wants to Change That.

December 13, 2022

One might think that posting bond in the immigration system is a straightforward process. Immigration authorities set bond. A person pays the bond amount, and the incarcerated person is released....

  • Blog

Infamous Immigration Detention Center Closes, But More Work Needs to Be Done

December 9, 2022

After years of advocacy and widespread abuse, Berks County officials announced that the federal government was ending its contract for the Berks County detention center on January 31, 2023....

  • Blog

ICE Fails to Justify Solitary Confinement Placements and Identify Vulnerable Populations

November 8, 2022

Solitary confinement is widely criticized as a cruel and unnecessary practice. It’s largely unsupported by the public as a disciplinary measure and badly in need of reform. On October 26, the...

  • Blog

New Report Shows Disproportionate Abuse of Black Immigrants in Detention

November 4, 2022

Black immigrants in the custody of U.S. Immigration and Customs Enforcement (ICE) disproportionately face abuse while in detention, a report released last week finds. Published by several...

  • Blog

Legal Service Providers Sue to Remove Barriers to Access to Counsel in Immigration Detention

October 13, 2022

Legal service organizations have sued U.S. Immigration and Customs Enforcement (ICE) for preventing people jailed at four immigration detention centers from having meaningful access to their...

  • Blog

Appellate Court Finds California’s Private Prison Ban Is Likely Unconstitutional

October 6, 2022

An appellate court recently ruled that California’s state law banning private prisons—including immigration detention centers—is likely unconstitutional. The decision is a significant blow to...

  • 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.
  • Press Release

Court Orders Government to Fix Inhumane Conditions in Border Patrol Holding Cells

November 18, 2016
A federal district court found that U.S. Customs and Border Protection is violating the constitutional rights of people detained in holding facilities in Arizona and ordered the government to take steps to improve conditions in these facilities, known as hieleras.
  • Press Release

Court Orders Release of Graphic Photos of Arizona Border Patrol Detention Facilities and Damning Expert Witness Testimony

August 18, 2016
Today, groups made public damning evidence, including expert testimony and video stills illustrating the deplorable and unconstitutional conditions detained individuals are subjected to in Border Patrol custody in the agency’s Tucson Sector.
  • Press Release

Homeland Security Secretary Announces Changes to Family Detention Policies

July 20, 2016
Secretary of Homeland Security Jeh Johnson released a statement on plans to make “substantial changes” to the agency’s family detention policies. The following is a statement, in response, from Ben Johnson, Executive Director of the American Immigration Council.
  • Press Release

Court Again Rules Against Federal Government's Efforts to Detain Children

July 7, 2016
The American Immigration Council and the American Immigration Lawyers Association commented on the decision from the Ninth Circuit Court of Appeals affirming that the nearly 20-year-old Flores Settlement Agreement governs the custody and release of all immigrant children, and that the Obama Administration’s family detention practices violate that agreement.
  • Press Release

Court Orders Release of Some Evidence of Arizona Border Patrol Detention Facilities

June 27, 2016
A federal district court unsealed some of the photographs central to ongoing litigation challenging deplorable and unconstitutional conditions in Border Patrol detention facilities in the agency’s Tucson Sector. The court also allowed the Arizona Republic newspaper to intervene in the case to argue for the release of the documents.
  • Press Release

Government Shows No Signs of Backing Down on Family Detention

May 14, 2016

Washington D.C. - Yesterday, Immigration and Customs Enforcement (ICE) announced efforts to “enhance oversight” to help ensure that families are detained in “safe and humane facilities” and

  • Press Release

Central American Mothers Targeted in Immigration Raids and Still Detained Pen Letter to Obama

January 28, 2016

DILLEY, Texas – Seven women picked up and detained by Immigration and Customs Enforcement in early January in widely publicized raids have made a direct and personal plea to Pre

  • Press Release

Court Rejects Government’s Efforts to Dismiss Lawsuit Challenging Detention Conditions

January 13, 2016

Washington D.C.—On Monday, a federal district court permitted a class action lawsuit challenging harmful and unconstitutional conditions of confinement by Customs and Border Protection (CBP)

  • 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...

  • 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...

  • 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.
  • 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...

  • 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...

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