Home : Immigrants' Rights : Detention

Due process is one of the cornerstones of the American system of justice. However, people caught up in the Kafkaesque world of detention and deportation proceedings are cheated of this basic right if they are immigrants, even if they are here legally.

Within hours of their arrest, many immigrants caught up in raids are transferred to remote out-of-state detention centers and pressured into signing removal orders, often without being able to tell anyone where they are; as a result, family and lawyers have no time or ability to provide support and a legal defense. Inhumane and cruel conditions of confinement in the immigration detention centers are pervasive.

Immigrants lawfully in the United States who have committed minor infractions have little legal recourse to fight their deportation. They are denied the constitutional right to a day in court and judges must automatically deport them regardless of how minor the infractions, how long ago they were, how long they have lived here or whether they have a citizen spouse or children.

Because of the increasing reliance on detention as an immigration enforcement strategy, immigrants of any legal status have been detained for prolonged periods, sometimes several years, without any finding that they are either a danger to society or a flight risk.

San Diego Correctional Facility

Medical Care in Immigrant Detention
Nearly 300,000 men, women, and children are detained by U.S. Immigration and Customs Enforcement (ICE) each year, the majority of whom have no criminal history whatsoever. Thousands arrived on our shores fleeing persecution and torture, only to be locked up like criminals in one of over 400 detention facilities around the country.
> Medical Care in Immigration Detention

ACLU Challenges Illegal Detention of Children Held in Prison-Like Conditions
On March 6, the ACLU brought several lawsuits against Michael Chertoff, Secretary of the Department of Homeland Security (DHS), on behalf of 10 children detained at the T. Don Hutto detention facility in Taylor, Texas. The lawsuit contends that the conditions inside Hutto violate numerous provisions of Flores v. Meese, a 1997 court settlement that established minimum standards and conditions for the housing and release of all minors in federal immigration custody.
> Conditions for Immigrant Children and Their Families in the T. Don Hutto Detention Center

ACLU Agrees to Represent Family of Chinese Detainee Who Died at Wyatt Detention Facility (09/29/2008)
PROVIDENCE, RI - The Rhode Island ACLU today announced that it has agreed to provide legal representation to the family of Hiu Liu ("Jason") Ng, the 34-year-old Chinese detainee who died last month while in the custody of immigration officials at the Wyatt Detention Facility in Central Falls. The case will be handled by RI ACLU cooperating attorney John J. McConnell, Jr. of the law firm of Motley Rice, LLC.

ACLU Applauds Senators Menendez and Kennedy for Bill to Protect U.S. Citizens from Unlawful Detention and Deportation (09/26/2008)
Washington, DC – Last night, Senators Robert Menendez (D-NJ) and Edward Kennedy (D-MA) introduced legislation to protect U.S. citizens and lawful permanent residents from being unlawfully detained and deported by the Department of Homeland Security (DHS). In the wake of sweeping immigration raids that have devastated communities across the country, the ACLU welcomes this bill, S.3594, The Protect Citizens and Residents from Unlawful Raids and Detention Act, as the first legislation to require DHS to follow due process standards in executing immigration raids.

Deaths in Custody Reporting Act Must Demand Accountability in Federal Immigration Detention Facilities (09/18/2008)
Today, the Senate Judiciary Committee is scheduled to mark up a bill that reauthorizes a Bureau of Justice Statistics (BJS) program, called the Deaths in Custody Reporting Program, which is designed to report the deaths of prisoners and immigration detainees in local and state custody. The ACLU urges senators to strengthen the House-passed bill, H.R. 3971, the Deaths in Custody Reporting Act of 2008, by requiring federal detention facilities to report in-custody deaths to the attorney general.

ACLU Calls Immigrant Detainee Basic Medical Care Act of 2008 Long Overdue (09/17/2008)
Washington, DC – Today for the second time in two weeks, the House Judiciary Committee is scheduled to mark up a bill requiring the Department of Homeland Security (DHS) to develop procedures to ensure adequate medical and mental health care for all detainees held by DHS Immigrant and Customs Enforcement (ICE). The ACLU urges the House Judiciary Committee members to vote for H.R. 5950, the Detainee Basic Medical Care Act of 2008, introduced by Representative Zoe Lofgren (D-CA). This bill is the first congressional action to provide basic medical care of immigration detainees after months of compelling TV and newspaper exposes detailing deficient medical care and over 60 immigration detention deaths.

ACLU Urges House Judiciary Committee to Support Detainee Basic Medical Care Act of 2008 (09/11/2008)
WASHINGTON, DC – Today, after months of compelling TV and newspaper exposés detailing deficient medical care and over 60 immigration detention deaths, the House Judiciary Committee is scheduled to mark up a bill requiring the Department of Homeland Security (DHS) to develop procedures to ensure adequate medical and mental health care for all detainees held by DHS Immigrant and Customs Enforcement (ICE). The ACLU urges the House Judiciary Committee members to vote for H.R. 5950, the Detainee Basic Medical Care Act of 2008, introduced by Representative Zoe Lofgren (D-CA).

Conditions of Confinement in Immigrant Detention Facilities (06/27/2007)

Human Rights Abuses Under the Material Witness Law Since Sept. 11, 2001 (06/27/2005)

America's Disappeared: Seeking International Justice for Immigrants Detained after September 11 (01/26/2004)

ACLU v. Department of Homeland Security, Immigrations and Customs Enforcement - Complaint (06/25/2008)

Kiniti v. Myers - Settlement Agreement (06/04/2008)

Khouzam v. Chertoff - Brief of Amici Curiae: Organisation Mondiale Contre la Torture and The Redress Trust (04/22/2008)
Amici Curiae Brief for Organisation Mondiale Contre la Torture and The Redress Trust in Support of Petitioner-Appellee Sameh Sami S. Khouzam, and For Affirming the Judgment of The District Court

Khouzam v. Chertoff - Brief of Amici Curiae: Human Rights Watch, et al. (04/22/2008)
Brief of Amici Curiae: Human Rights Watch, etal. Amnesty International, Center for Constitutional Rights, International Commission of Jurists, and International Federation for Human Rights

Soeoth v. Mukasey - Appellee's/Cross-Appellant's Reply Brief (12/12/2007)

ACLU Comments on Bureau of Prisons Regulations on Psychiatric Treatment (08/12/2008)
Comments of the American Civil Liberties Union and the ACLU of Southern California regarding RIN 1120-AB20, Proposed Revision to Bureau of Prisons’ (BOP’s) Regulations on Providing Psychiatric Treatment and Medication to Inmates.

ACLU testimony before House Judiciary Subcommittee on Immigration, Citizenship, Refugees at a hearing regarding immigrant detainee medical care (06/04/2008)

Testimony of Tom Jawetz, staff attorney for the ACLU National Prison Project, before the US House Committee on the Judiciary, Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law (05/21/2008)

ACLU Statement for Senate Judiciary Committee Oversight Hearing on Department of Homeland Security (04/02/2008)

Testimony from Mark Rosenbaum and James Brosnahan about deportation of U.S. Citizen Peter Guzman (02/13/2008)
The government—whether it be federal or local—lacks any discretion to deport citizens of the Unites States. Citizenship is the constitutional birthright of every individual born within our national borders, and surely the first obligation of government is to preserve at any cost the liberty and security of its citizens to remain within their homeland.

Medical Care in Immigration Detention (06/25/2008)

ACLU Calls on Congress to Improve and Codify Immigration Detention Standards (07/10/2007)

Testimony of June Everett on Immigration Detention Conditions (07/09/2007)
Testimony of June Everett, whose sister, Sandra Kenley, died in ICE custody. Representative Keith Ellison (D-MN), member of the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, hosted the briefing.

Testimony of Michele Garnett McKenzie on Immigration Detention Conditions (07/09/2007)
Michele McKenzie of the Minnesota Advocates for Human Rights' testimony on immigration detention conditions. Representative Keith Ellison (D-MN), member of the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, hosted the briefing.

Testimony of Allen S. Keller, M.D., on Immigration Detention Conditions (07/09/2007)
Dr. Allen Keller's testimony on immigration detention conditions. Representative Keith Ellison (D-MN), member of the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, hosted the briefing.

Cases Challenging Indefinite Detention of Immigrants (10/29/2007)
The ACLU is challenging the incarceration of immigrants in detention centers for prolonged and indefinite periods of time while they fight their immigration cases.

ACLU Agrees to Represent Family of Chinese Detainee Who Died at Wyatt Detention Facility (09/29/2008)
PROVIDENCE, RI - The Rhode Island ACLU today announced that it has agreed to provide legal representation to the family of Hiu Liu ("Jason") Ng, the 34-year-old Chinese detainee who died last month while in the custody of immigration officials at the Wyatt Detention Facility in Central Falls. The case will be handled by RI ACLU cooperating attorney John J. McConnell, Jr. of the law firm of Motley Rice, LLC.

ACLU Applauds Senators Menendez and Kennedy for Bill to Protect U.S. Citizens from Unlawful Detention and Deportation (09/26/2008)
Washington, DC – Last night, Senators Robert Menendez (D-NJ) and Edward Kennedy (D-MA) introduced legislation to protect U.S. citizens and lawful permanent residents from being unlawfully detained and deported by the Department of Homeland Security (DHS). In the wake of sweeping immigration raids that have devastated communities across the country, the ACLU welcomes this bill, S.3594, The Protect Citizens and Residents from Unlawful Raids and Detention Act, as the first legislation to require DHS to follow due process standards in executing immigration raids.

Deaths in Custody Reporting Act Must Demand Accountability in Federal Immigration Detention Facilities (09/18/2008)
Today, the Senate Judiciary Committee is scheduled to mark up a bill that reauthorizes a Bureau of Justice Statistics (BJS) program, called the Deaths in Custody Reporting Program, which is designed to report the deaths of prisoners and immigration detainees in local and state custody. The ACLU urges senators to strengthen the House-passed bill, H.R. 3971, the Deaths in Custody Reporting Act of 2008, by requiring federal detention facilities to report in-custody deaths to the attorney general.

ACLU Calls Immigrant Detainee Basic Medical Care Act of 2008 Long Overdue (09/17/2008)
Washington, DC – Today for the second time in two weeks, the House Judiciary Committee is scheduled to mark up a bill requiring the Department of Homeland Security (DHS) to develop procedures to ensure adequate medical and mental health care for all detainees held by DHS Immigrant and Customs Enforcement (ICE). The ACLU urges the House Judiciary Committee members to vote for H.R. 5950, the Detainee Basic Medical Care Act of 2008, introduced by Representative Zoe Lofgren (D-CA). This bill is the first congressional action to provide basic medical care of immigration detainees after months of compelling TV and newspaper exposes detailing deficient medical care and over 60 immigration detention deaths.

ACLU Urges House Judiciary Committee to Support Detainee Basic Medical Care Act of 2008 (09/11/2008)
WASHINGTON, DC – Today, after months of compelling TV and newspaper exposés detailing deficient medical care and over 60 immigration detention deaths, the House Judiciary Committee is scheduled to mark up a bill requiring the Department of Homeland Security (DHS) to develop procedures to ensure adequate medical and mental health care for all detainees held by DHS Immigrant and Customs Enforcement (ICE). The ACLU urges the House Judiciary Committee members to vote for H.R. 5950, the Detainee Basic Medical Care Act of 2008, introduced by Representative Zoe Lofgren (D-CA).