Detention

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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...
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.
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...
May 23, 2018
Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
May 1, 2018
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-...
September 19, 2017
Mexican migrants suffer a host of violations, abuses, and ill treatment while in the custody of U.S. immigration authorities.
May 9, 2017
Detained asylum seekers encounter numerous challenges, including the following problems detailed in this report.
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.
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.
December 17, 2015
These accounts reveal the dehumanizing conditions to which these women were subjected while in Border Patrol custody.
April 19, 2019
In this case, the Federal Defenders of San Diego argue that the court should have conducted a deeper inquiry into the voluntariness of a guilty plea offered by 18-year-old Claudia Hernandez-Becerra because she spent three days detained in an “hielera” before her arraignment for entering the United States without permission.
February 28, 2019
Numerous babies under the age of one—and some as young as six months old—are being detained in immigration detention at the South Texas Family Residential Center in Dilley, Texas.
January 10, 2019

The American Immigration Council and the Immigrants’ Rights and Human Trafficking Program and Boston University School of Law filed an amicus brief in ACLU v. DHS, a Freedom of Information...

January 7, 2019

The American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a joint comment opposing the “Interim Final Rule: Aliens Subject to a Bar on Entry Under...

November 6, 2018
The Trump administration proposed new regulations undermining the 1997 Flores settlement agreement. If the proposed regulations are finalized, they would weaken protections for children and place them at greater risk of trauma and mistreatment.
September 18, 2018

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

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.
August 23, 2018

The Trump administration’s “zero tolerance” immigration policy led to not only to the forcible separation of thousands of children from their parents, but the extreme duress and coercion of...

July 31, 2018
The American Immigration Council submitted a written statement to the Senate Committee on the Judiciary for a July 31, 2018 hearing on “Oversight of Immigration Enforcement and Family Reunification Efforts.”
The American Immigration Council filed a Freedom of Information Act (FOIA) request with ICE and CBP on October 13, 2017, seeking data on enforcement actions and outcomes since January 2016. With this data, the Council will be able to assess who is being targeted for removal and what the consequences are of the current enforcement framework.
August 20, 2018
This practice advisory provides an overview of the Supreme Court’s decision in Bivens, the benefits and risks of bringing a Bivens claim, and practical and legal information about filing a Bivens claim in federal court.
February 21, 2017

This Practice Advisory addresses the coming expansion of expedited removal, who likely will be impacted, and possible ways to challenge an expedited removal order. The National Immigration Project...

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.

April 17, 2019

In a disheartening decision on Tuesday, Attorney General William Barr announced he plans to eliminate bond hearings for asylum seekers who pass an initial asylum screening interview after entering...

April 9, 2019

Asylum seekers are often imprisoned in immigration detention for weeks or months before they can ask a judge to release them, even though they’re entitled to bond hearings. But this injustice may...

March 27, 2019

When the U.S. government orders that an immigrant in its custody must be deported, the person isn’t supposed to remain incarcerated for long. Yet the Department of Homeland Security (DHS) often...

March 25, 2019

Over the past few months, a new trend has emerged at the U.S.-Mexico border: more families are crossing and presenting themselves to U.S. officials to ask for asylum. But even though the number of...

March 21, 2019

Immigrants with even minor, dated criminal convictions will now be placed in mandatory detention without the possibility of a bond hearing—even if they have already served their time and been...

March 15, 2019

Many of the country’s top immigration agencies operate in secret. This lack of transparency in how immigration laws are implemented, administered, and enforced has the potential to devastate the...

March 12, 2019

After weeks of tense negotiations, Congress averted a second government shutdown last month by reaching a bipartisan agreement on the Fiscal Year (FY) 2019 budget—a budget which gave President...

March 4, 2019

Nothing is more delicate or worthy of comprehensive care than a newborn. Yet, over the past several weeks, detention watchdogs and public health experts have noticed an alarming uptick in the...

February 13, 2019

The Department of Homeland Security (DHS) and its component agency U.S. Immigration and Customs Enforcement (ICE) have a long-standing and poor track record when it comes to transparency and...

January 31, 2019

Immigration and Customs Enforcement (ICE) drastically expanded its network of immigration jails in the last month by a startling 7 percent. ICE now holds about 48,000 individuals in its jails and...

April 5, 2019
In a groundbreaking decision, a federal judge in Seattle dealt a blow to the government’s campaign to deter and obstruct asylum seekers applying for protection in the United States. Judge Marsha Pechman ordered the government to provide certain individuals with bona fide asylum claims either a bond hearing before an immigration judge within seven days of their request or to release them from detention.
December 13, 2018
A federal district court in Seattle, Washington issued an order rejecting the government’s arguments that recent asylum seekers who enter the United States without immigration status are not entitled to constitutional protections.
December 5, 2018
A report on immigration detention examines the United States’ complex, sprawling network of facilities used to detain immigrants. The report, “The Landscape of Immigration Detention in the United States,” reveals that detained individuals were commonly held in facilities operated by private entities and located in remote areas, far away from basic community support structures and legal advocacy networks.
September 21, 2018
Yesterday, plaintiffs in an ongoing lawsuit challenging the U.S. government’s targeted efforts to obstruct asylum seekers filed a motion for preliminary injunction demanding timely bond hearings that comport with due process.
September 6, 2018
The Trump administration proposed new regulations that could lead to the indefinite detention—and needless suffering—of asylum-seeking children.
August 23, 2018
The complaint points to numerous examples, including that of Mrs. D.P., who was separated from her 9-year-old daughter for 47 days as a result of Attorney General Jeff Sessions' "zero-tolerance" border policy.
August 16, 2018
As government officials and policymakers weigh the potential expansion of family detention, this report reveals how detention impacts asylum-seeking families and their claims for protection.
July 26, 2018
"The government’s failure to comply with the court order to reunify the thousands of separated children and parents confirms the administration’s utter disregard for the humane and fair treatment of families coming to our country in search of protection."
July 9, 2018
Leaders of several immigrant and human rights organizations were invited for the first time under the Trump administration to meet with Secretary of Homeland Security Kirstjen Nielsen.
June 27, 2018
The lawsuit asks the court to compel the agencies to produce family separation documents in response to FOIA requests submitted in April.
April 19, 2019
In this case, the Federal Defenders of San Diego argue that the court should have conducted a deeper inquiry into the voluntariness of a guilty plea offered by 18-year-old Claudia Hernandez-Becerra because she spent three days detained in an “hielera” before her arraignment for entering the United States without permission.
April 17, 2019

In a disheartening decision on Tuesday, Attorney General William Barr announced he plans to eliminate bond hearings for asylum seekers who pass an initial asylum screening interview after entering...

April 9, 2019

Asylum seekers are often imprisoned in immigration detention for weeks or months before they can ask a judge to release them, even though they’re entitled to bond hearings. But this injustice may...

April 5, 2019
In a groundbreaking decision, a federal judge in Seattle dealt a blow to the government’s campaign to deter and obstruct asylum seekers applying for protection in the United States. Judge Marsha Pechman ordered the government to provide certain individuals with bona fide asylum claims either a bond hearing before an immigration judge within seven days of their request or to release them from detention.
March 27, 2019

When the U.S. government orders that an immigrant in its custody must be deported, the person isn’t supposed to remain incarcerated for long. Yet the Department of Homeland Security (DHS) often...

March 25, 2019

Over the past few months, a new trend has emerged at the U.S.-Mexico border: more families are crossing and presenting themselves to U.S. officials to ask for asylum. But even though the number of...

March 21, 2019

Immigrants with even minor, dated criminal convictions will now be placed in mandatory detention without the possibility of a bond hearing—even if they have already served their time and been...

March 15, 2019

Many of the country’s top immigration agencies operate in secret. This lack of transparency in how immigration laws are implemented, administered, and enforced has the potential to devastate the...

March 12, 2019

After weeks of tense negotiations, Congress averted a second government shutdown last month by reaching a bipartisan agreement on the Fiscal Year (FY) 2019 budget—a budget which gave President...

March 4, 2019

Nothing is more delicate or worthy of comprehensive care than a newborn. Yet, over the past several weeks, detention watchdogs and public health experts have noticed an alarming uptick in the...

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