American Civil Liberties Union

The United States is not a country that arrests people and then detains them without a hearing for months or even years. Unfortunately, this is what is happening to thousands of immigrants held in detention centers that are often hundreds of miles away from counsel and family.

The Constitution guarantees every person a day in court — not just U.S. citizens — but immigrants who are awaiting a determination on their immigration status are often denied this basic due process protection.

Over the last several years, the use of detention as an immigration enforcement strategy has increased exponentially, and immigrants, including lawful permanent residents and asylum seekers, have been detained for prolonged periods of time without any finding that they are either a danger to society or a flight risk.

The government is spending millions of dollars locking up people whose detentions serve no purpose. In addition to being cruel and unnecessary, prolonged immigration detention makes it nearly impossible for individuals to fight their cases — including those with legitimate claims for legal status in the U.S.

Detainee Statements and Profiles

> ISSUE BRIEF: Prolonged Immigration Detention of Individuals Who Are Challenging Removal

> Case: Alli et al v. Decker
> Case: Joseph v. Avila et al.
> Case: Scarlett v. DHS, et al.
> Cases Challenging Indefinite Detention of Immigrants

> REPORT: Jailed without Justice: Immigration Detention in the USA (Amnesty International USA, 2009)
> REPORT: U.S. Detention Seekers: Seeking Protections, Finding Prison (Human Rights First)
> REPORT: Detention and Deportation in the Age of ICE (ACLU of Massachusetts, December 10, 2008)
> REPORT: Findings of the Special Rapporteur on the Human Rights of Migrants (U.N.)
> Detention Watch Network
> Interactive Map of US Detention Centers, Detention Watch Network

> Federal Court Rules Class Action Lawsuit Challenging Prolonged Detention Of Immigrants Can Go Forward (8/20/2009)
> Pennsylvania Court Rules Two Immigrants in Mandatory Detention are Entitled to a Hearing (8/11/2009)
> After Being Detained Five Years Without Bond Hearing, Immigrant to Get Day in Court (7/13/2009)
> AP IMPACT: Immigrants Face Detentions, Few Rights (3/15/2009)
> ACLU Argues in Federal Court Today That Prolonged Indefinite Detention of Immigrants Is Illegal (1/07/2008)
> ACLU Seeks Release of Gulf War Vet Illegally Detained for Three Years (5/22/2007)

> Class Action Challenging Prolonged Immigration Detention Goes Forward (8/20/2009)
> Aleo’s Story: A Refugee and Single Father is Locked Up for Five Months Before Winning His Immigration Case (8/18/2009)
> No End in Sight (8/4/2009)
> Longtime Legal Resident Finally Gets His Day In Court (7/13/2009)