Immigrant detainees face serious due process and human rights violations under the current U.S. immigration detention system. Access to counsel is frequently limited due to broken phones or language barriers. Heightened enforcement has expanded the detention population and as a result, the government detention centers and county jails that hold immigrant detainees are failing to meet the needs of this vulnerable population, which includes asylum seekers who came to the United States fleeing torture and children who have been separated from their parents. NIJC's impact litigation efforts have made some changes to prevent the indefinite detention of non-citizens, and a number of federal cases are currently pending to further challenge the arbitrary long-term detention and mistreatment of immigrants who pose no threat to our communities.

Kazarov v. Ashcroft - This case challenged the government’s procedures for detaining individuals who have been ordered deported but who cannot be removed.   As a result of the litigation, the government changed its practices to ensure prompt review of the detention of long-term detainees.

Outside Resources:

American Immigration Law Foundation Habeas Practice Advisory (PDF File)

ACLU reports on detention conditions

Detention Watch Network: Detention Map  

National Immigration Law Center

Human Rights First