LexisNexis® Legal Newsroom
Expert: Immigration Detention Lawsuit Could Send 'Strong Signal' to Feds

Sebastien Malo, Thomson Reuters Foundation, Aug. 19, 2016 - "A Honduran mother and young son have filed a lawsuit against U.S. authorities, claiming they were mistreated in detention facilities after they entered the country seeking asylum. The lawsuit, which lawyers say is the first to seek damages...

DHS to Review Privatized Immigration Detention: Statement by Sec. Jeh Johnson

DHS Secretary Jeh Johnson, Aug. 29, 2016 - "On August 18, the Department of Justice announced that the Bureau of Prisons will reduce and ultimately end its use of private prisons. On Friday, I directed our Homeland Security Advisory Council, chaired by Judge William Webster, to evaluate whether...

Justice Department Gave Supreme Court Incorrect Data in Immigration Case

Jess Bravin, Wall Street Journal, Aug. 30, 2016 - "The Justice Department said it provided the Supreme Court with erroneous information that helped it win a 2003 case upholding a blanket policy of denying bail to thousands of immigrants imprisoned while appealing deportation orders. The department...

DHS Subcommittee to Advise on Privatized Immigration Detention

Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 - "The Secretary of the Department of Homeland Security (DHS), Jeh Johnson, tasked the Homeland Security Advisory Council to establish a subcommittee entitled the Privatized Immigration Detention Facilities Subcommittee on August 26...

Money & Politics in Immigration Detention

Institute for Justice & Journalism, Sept. 12-13, 2016, Denver - "Detaining immigrants is big business. The Department of Homeland Security has an annual budget for immigration detention of at least $2 billion and locks up more than 400,000 people each year – double the number from 10 years...

ICE Director Sarah Saldaña - Private Detention Contracts Essential (Law360)

Allissa Wickham, Law360, Sept. 22, 2016 - "The head of U.S. Immigration and Customs Enforcement said Thursday that halting the agency’s use of private detention centers would basically turn its system “upside down,” with her remarks coming not long after it was revealed that ICE’s...

Report of the DHS Advisory Committee on Family Residential Centers

ICE, Sept. 30, 2016 - "The detention of migrant children and families by the U.S. government has been controversial since its inception. Child and family detention has been the subject of a number of federal lawsuits – most notably, the Flores litigation (currently captioned Flores v. Lynch...

Former BIA Members and IJs Blast Refugee Detention Regime

In a 4-page letter dated October 31, 2016 to DHS Secretary Jeh Johnson, twelve former BIA members and Immigration Judges made the case for due process for asylum applicants, and criticized the current detention regime.

ICE Seeks to Increase Family Immigration Detention Bed Space

Jason Buch, San Antonio Express-News, Nov. 2, 2016 - "Months before the Obama presidency ends, opponents of family detention are concerned his administration is expanding the controversial policy centered on two immigration holding facilities south of San Antonio. After initially signaling...

Prolonged Detention Stories (Jennings v. Rodriguez)

NYU Immigrant Rights Clinic and Community Initiatives for Visiting Immigrants in Confinement (CIVIC) - "In the United States today, people are held in immigration detention for months and even years without getting their day in court. In Jennings v. Rodriguez, the Supreme Court has the opportunity...

Federal Judge Orders U.S. to Reform Immigration Bond Practice - Hernandez v. Lynch

ACLU, Nov. 11, 2016 - "A federal judge has issued a preliminary injunction ordering U.S. officials to implement substantial reforms in their system for setting bail bonds to ensure that immigrants are not detained merely based on their poverty. The ruling, issued late Thursday by Judge Jesus...

Court Orders Feds to Improve Conditions in Immigration Holding Cells

NILC, Nov. 18, 2016 - "A federal district court today found that U.S. Customs and Border Protection is violating the constitutional rights of people detained in holding facilities in Arizona and ordered the government to take steps to improve conditions in these facilities, known as hieleras . This...

New SPLC report uncovers abuse and neglect at immigrant detention centers in the South

SPLC, Nov. 21, 2016 - "As President-elect Donald Trump prepares to deport up to 3 million people, an investigation of immigrant detention centers in the South has found that detainees are routinely denied their due process rights and frequently endure inhumane conditions in isolated facilities that...

SCOTUS Argument Preview: The Constitutionality of Immigrant Detention - Kevin Johnson

Kevin Johnson, Nov. 23, 2016 - "In recent years, the U.S government has aggressively used detention of immigrants as a tool for enforcing the immigration laws. Immigration detention became national news in 2014 when the Obama administration detained tens of thousands of Central American women and...

Links to All Briefs in Today's Supreme Court Oral Argument: Jennings v. Rodriguez

Jennings v. Rodriguez case file, SCOTUSblog

Transcript of Supreme Court Oral Argument: Jennings v. Rodriguez

Supreme Court, Nov. 30, 2016

CBP Opening 'Temporary' Immigration Jail in Donna, Texas

CBP, Nov. 30, 2016 - "U.S. Customs & Border Protection (CBP) is standing up a temporary holding facility adjacent to the Donna-Rio Bravo International Bridge in Donna, Texas to provide additional capacity for unaccompanied children and family units in CBP custody at Ports of Entry and U.S. Border...

Caution Light for Private Immigration Jails: DHS Advisory Council Report

HOMELAND SECURITY ADVISORY COUNCIL, Report of the Subcommittee on Privatized Immigration Detention Facilities, December 1, 2016 Elise Foley, Roque Planas, Dec. 1, 2016 - "Private prison companies received a blessing on Thursday from a Department of Homeland Security panel tasked with determining...

S.C. Oral Argument Analysis: Immigrant Detention and the Constitution - Jennings v. Rodriguez

Kevin Johnson, Dec. 1, 2016 - "[T] he justices appeared deeply divided during oral argument in Jennings v. Rodriguez . This class-action challenge to immigration detentions raises questions about whether immigrants, like virtually any U.S. citizen placed in criminal or civil detention, must be guaranteed...

Texas Court Blocks Licensing of Family Detention Camps as 'Childcare' Facilities

Grassroots Leadership, Dec. 3, 2016 - "In a major victory for detained asylum seeking mothers and their children, an Austin judge Friday issued a final judgment effectively preventing the Texas Department of Family and Protective Services (DFPS) from issuing child care licenses to the nation’s...

Supreme Court Orders Supplemental Briefing: Jennings v. Rodriguez

SCOTUS Order, Dec. 15, 2016 - "The parties are directed to file supplemental briefs addressing the following questions: 1) Whether the Constitution requires that aliens seeking admission to the United States who are subject to mandatory detention under 8 U.S.C. § 1225(b) must be afforded bond...

ICE Continues to Detain and Deport American Citizens

Eyder Peralta, NPR, Dec. 22, 2016 - "It's illegal for U.S. immigration authorities to hold Americans in detention. However, an NPR analysis of data obtained through a Freedom of Information Act Request shows that hundreds of American citizens each year find themselves in a situation similar...

CIVIC Files Civil Rights Complaint Alleging Frequent Denial of Visits at Cal. Immigration Jail Since Election

CIVIC, Jan. 18, 2017 - "Community Initiatives for Visiting Immigrants in Confinement (CIVIC) has filed a formal complaint with the Office for Civil Rights & Civil Liberties within the Department of Homeland Security on behalf of the people who are currently or were previously detained at the...

Will Strong Defensive Tactics Jam Immigration Jails, Clog Immigration Courts? (WSJ)

Recent headlines/stories from the Wall Street Journal: - Mexicans Vow to Fight Trump by Jamming U.S. Courts (Feb. 10, 2017) - Mexican Migrants Signal They Prefer Detention to Deportation (Feb. 12, 2017)

Suits Challenging Confinement of Noncitizens Jump (TRAC, Feb. 21, 2017)

TRAC, Feb. 21, 2017 - "Habeas corpus filings in federal courts challenging the confinement of noncitizens have risen sharply. The latest available data from the federal courts show that during January 2017 the government reported 168 new habeas corpus civil filings by noncitizens. According to the...