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

  • 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.
  • Litigation

Challenging Immigration Judges' Refusal to Conduct Bond Hearings

This lawsuit challenges the actions of immigration judges in Charlotte, North Carolina who have refused to conduct bond hearings for people who properly file bond motions with the Charlotte Immigration Court.
  • 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...

  • Blog

Bond Hearings for Asylum Seekers Are Latest Casualty of the Recent Supreme Court Term

August 2, 2022

For almost two decades, asylum seekers taken into Border Patrol custody who passed a “credible fear” interview have been eligible to seek release from detention on bond while they go through the...

  • Blog

Biden Released His Budget for 2023 – What Does it Mean for Immigration Issues?  

April 8, 2022

Every year, the president submits a budget request to Congress with their proposal for funding the federal government. Over the last 20 years, Congress has spent over $333 billion on immigration...

  • 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)

  • Press Release

Government Continues Incarcerating Mothers and Children Despite Judge’s Ruling

October 23, 2015

Washington, D.C.–Catholic Legal Immigration Network (CLINIC), the American Immigration Council, Refugee andImmigrant Center for Education and Legal Services (RAICES), and the American Immigr

  • Press Release

Immigrant Rights Advocates Sue to Reveal Policies and Procedures at Artesia Family Detention Facility

October 21, 2015

Washington D.C. - Immigrant rights groups today filed Freedom of Information Act (FOIA) litigation to compel the

  • Press Release

Just-Released Customs and Border Protection Standards Still Lack Accountability

October 5, 2015

Washington, D.C. — Today, U.S.

  • 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
  • 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.
  • 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...
  • 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.
  • 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...

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