Detention

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Detention
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The Laken Riley Act & Juvenile Delinquency
Crimes
Detention
Immigrant Youth
The Laken Riley Act (LRA) was signed into law by President Trump on January 29, 2025. It amends the Immigration and Nationality Act (INA) by expanding mandatory detention of certain inadmissible noncitizens who are merely arrested or charged with certain offenses. This practice advisory addresses the question of whether the provisions of the LRA that seek to vastly increase the number of people subject to mandatory immigration detention would be triggered by children engaging in acts of juvenile delinquency. In the advisory, we argue that the answer is no, in alignment with longstanding precedent in immigration law that treats acts of juvenile delinquency as distinct from adult criminal acts. However, given that this is a new law with unclear drafting, we also provide tips for juvenile defense attorneys to help clients avoid charges that could implicate the mandatory detention provision of the LRA.
First page of this resource

Immigration In the Age of A Second Trump Term: Taking a Page out of Texas’ Playbook

Detention
Enforcement
Since Donald Trump was re-elected, headlines on immigration have sounded the alarm about his administration’s plans to effectuate mass deportations, increased detentions, and indiscriminate raids. For the past three years, Governor Greg Abbott has used Texas as a laboratory for these types of policies through Operation Lone Star (OLS). This resource aims to parallel the national moves on enforcement to what has already taken place in Texas, in hopes to better equip community members and advocates with the framework to fight back.
Front cover of the resource

Understanding Child Detention in the U.S.

Detention
Immigrant Youth
While U.S. immigration laws provide certain special protections to children migrating without a parent or legal guardian on account of their vulnerabilities, these laws and policies fall short of both domestic and international child welfare principles. Those impacted by and involved with U.S. systems for responding to child migrants have known for years that they do not meet the needs of most children. This resource aims to demonstrate that a different approach to how the United States welcomes migrant children, particularly as relates to their time in government custody/detention, is not just possible but necessary.
First page of this resource, featuring imaging of a toolkit with leaves coming out of it

Healthy Economies Adapting to Last (HEAL) Community FAQ
Civic Participation
Detention
Policy Advocacy
In June 2023, the California Dignity Not Detention Coalition passed a budget initiative in California called HEAL (Healthy Economies Adapting to Last). HEAL dedicates 5 million dollars to incentivize California localities to divest from immigration detention by providing them funding to invest in new industries and jobs. HEAL presents a new tool in our advocacy toolbox to close detention centers once and for all. This community FAQ breaks down Dignity not Detention’s newest initiative.

Carceral Carousel
Detention
Enforcement
The prison industrial complex is a highly adaptive mechanism that is constantly shifting to sustain itself. In recent years, the movement against mass incarceration has gained traction in reducing penal incarceration in the United States. In this report in collaboration with the Detention Watch Network, we detail select case examples of jails and prisons that closed for one purpose, only to cage a different group of people. The case studies demonstrate the importance of looking ahead to strategies which ensure that cages remain closed for all carceral uses, once and for all.

Requesting Bond and Parole for Asylum Seekers

Asylum
Detention
Enforcement

In this webinar, we will discuss how asylum seekers, including recent entrants, can seek release from immigration custody via bond and parole. We will review eligibility for bond and parole for arriving aliens, and the implications of Matter of M-S-...

Detention

The Department of Homeland Security detains hundreds of thousands of immigrants every year throughout the United States. This entirely unnecessary, inhumane practice is wrought with extreme human rights abuses, and severely erodes the few due process protections provided to immigrants in removal proceedings. 

The Immigrant Legal Resource Center works in partnership with a broad array of organizations including impacted immigrants themselves, to advocate for policies that create a path toward abolishing this abusive system. Our team works at the forefront of statewide campaigns to dismantle immigrant detention, as well as engaging in federal advocacy in Washington, DC. In California, the ILRC has been leading on these issues for several years -- co-sponsoring California’s historic Dignity Not Detention Act (SB 29), which was first introduced in 2016. We have continued this work by pushing for stronger legislative protections around immigration detention, for example by advocating for AB 103 in 2017 and AB 32 in 2019. The ILRC is available to provide support on similar laws or policies in other states.  Locally, the ILRC provides resources and support to communities and organizations working to fight immigration detention and other enforcement issues, including background explanations, strategy tools for campaigns, and legal and policy analyses. 

Latest Resources

Practice Advisory
Resources

The Laken Riley Act & Juvenile Delinquency
Publication Date
02/07/2025
The Laken Riley Act (LRA) was signed into law by President Trump on January 29, 2025. It amends the Immigration and Nationality Act (INA) by expanding mandatory detention of certain inadmissible noncitizens who are merely arrested or charged with certain offenses. This practice advisory addresses the question of whether the provisions of the LRA that seek to vastly increase the number of people subject to mandatory immigration detention would be triggered by children engaging in acts of juvenile delinquency. In the advisory, we argue that the answer is no, in alignment with longstanding precedent in immigration law that treats acts of juvenile delinquency as distinct from adult criminal acts. However, given that this is a new law with unclear drafting, we also provide tips for juvenile defense attorneys to help clients avoid charges that could implicate the mandatory detention provision of the LRA.
Toolkit & Reports
Resources

Immigration In the Age of A Second Trump Term: Taking a Page out of Texas’ Playbook

Publication Date
01/27/2025
Since Donald Trump was re-elected, headlines on immigration have sounded the alarm about his administration’s plans to effectuate mass deportations, increased detentions, and indiscriminate raids. For the past three years, Governor Greg Abbott has used Texas as a laboratory for these types of policies through Operation Lone Star (OLS). This resource aims to parallel the national moves on enforcement to what has already taken place in Texas, in hopes to better equip community members and advocates with the framework to fight back.
FAQs & Explainers
Resources

Understanding Child Detention in the U.S.

Publication Date
11/14/2024
While U.S. immigration laws provide certain special protections to children migrating without a parent or legal guardian on account of their vulnerabilities, these laws and policies fall short of both domestic and international child welfare principles. Those impacted by and involved with U.S. systems for responding to child migrants have known for years that they do not meet the needs of most children. This resource aims to demonstrate that a different approach to how the United States welcomes migrant children, particularly as relates to their time in government custody/detention, is not just possible but necessary.
FAQs & Explainers
Resources

Healthy Economies Adapting to Last (HEAL) Community FAQ
Publication Date
09/07/2023
In June 2023, the California Dignity Not Detention Coalition passed a budget initiative in California called HEAL (Healthy Economies Adapting to Last). HEAL dedicates 5 million dollars to incentivize California localities to divest from immigration detention by providing them funding to invest in new industries and jobs. HEAL presents a new tool in our advocacy toolbox to close detention centers once and for all. This community FAQ breaks down Dignity not Detention’s newest initiative.
Toolkit & Reports
Resources

Carceral Carousel
Publication Date
05/23/2023
The prison industrial complex is a highly adaptive mechanism that is constantly shifting to sustain itself. In recent years, the movement against mass incarceration has gained traction in reducing penal incarceration in the United States. In this report in collaboration with the Detention Watch Network, we detail select case examples of jails and prisons that closed for one purpose, only to cage a different group of people. The case studies demonstrate the importance of looking ahead to strategies which ensure that cages remain closed for all carceral uses, once and for all.
FAQs & Explainers
Resources

Immigrant Legal Defense Funds in Texas
Publication Date
05/03/2023
An immigrant legal defense fund pays legal service providers to represent community members facing deportation in immigration court. This resource provides a general overview of immigrant legal defense funds (ILDFs) at the municipal level in Texas, including why they are needed, the goals and components of a strong ILDF, and examples of these funds from across the state.
Resources
Resources

AB 32 En Banc Decision at a Glance
Publication Date
09/27/2022
On September 26, 2022, the Ninth Circuit en banc panel held that GEO group was likely to succeed in their lawsuit to find California's private prison and dertention ba (Bonta-AB 32) unconstitutional, and could continue seeking a preliminary injunction to block the law pending further proceedings at the lower court level. This summary provides a review of the Ninth Circuit Court of Appeals’ en banc decision. This legal breakdown was composed by the California Dignity Not Detention Coalition, with special thanks to NIPNLG and Pangea Legal Services.
FAQs & Explainers
Resources

The ICE Parental Interests Directive: How Child Welfare Agencies Can Advocate with ICE to Ensure Fair Treatment of Detained or Deported Parents
Publication Date
09/07/2022
This resource summarizes the ICE Parental Interests Directive – a critical tool to help child welfare agencies address challenges for detained or deported parents – and explains how to use the Directive to advocate with ICE. It also discusses the heightened need for advocacy during the COVID-19 pandemic.
Practice Advisory
Resources

Advocating for and Representing Clients with Mental Illness in Detained Immigration Removal Proceedings
Publication Date
06/28/2022
Clients with mental illness have needs and vulnerabilities that present unique challenges in immigration proceedings. This practice advisory provides an overview on advocating for clients with mental health issues, specifically focusing on representation in the detained setting. The advisory discusses legal authority that an immigration practitioner can utilize to protect a client’s due process rights and ensure their client’s agency is respected and they have a meaningful opportunity to present their case.
Practice Advisory
Resources

Practice Advisory for Immigration Advocates: The Biden Administration’s Final Enforcement Priorities
Publication Date
05/04/2022
DHS issued new enforcement and prosecutorial discretion guidance on September 30, 2021.  This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.
Practice Advisory
Resources

Practice Advisory for Criminal Defense Attorneys: The Biden Administration’s Final Enforcement Priorities
Publication Date
12/01/2021
DHS issued new enforcement and prosecutorial discretion guidance on September 30, 2021.  This practice advisory from the ILRC, NIPNLG, and IDP provides criminal defense practitioners with an overview of the enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.
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Related Products

Webinar
Webinar

Requesting Bond and Parole for Asylum Seekers
In this webinar, we will discuss how asylum seekers, including recent entrants, can seek release from immigration custody via bond and parole. We will review eligibility for bond and parole for arriving aliens, and the implications of Matter of M-S-, 27 I&N 509 (AG 2019) on asylum seekers. We will also discuss who may seek bond before the immigration judge and strategies for the bond hearing. This webinar will leave advocates armed with tips and best practices when representing asylum seekers requesting release from detention.
Video
Video

Dismantling Detention Webinar
Immigration detention has been expanding at record rates under the Trump Administration, but many of us are fighting detention in all kinds of new and innovative ways. This webinar will provide new advocates and organizers with important background information for understanding ICE detention contracts and the different laws and policies that shape the detention map. Then we will discuss strategies and considerations for fighting detention contracts and facilities, and how to challenge detention as it exists now while holding our goal of a truly prison-free future in mind.
Video
Video

Messaging to Make Our Vision a Reality
This webinar provides key communications tools to uplift a values-based narrative and push back against anti-immigrant scapegoating, in support of the VISION Act (pending state bill which strengthens the CA Values Act) and other similar policy asks. The webinar provides a brief overview of the VISION Act, and then focuses largely on messaging and communications. Specifically, the webinar covers talking points and communications tactics needed to push back when our opposition uses fear-mongering and scapegoating to exclude people with crimes from protection. This webinar is aimed at ensuring that we all have the communications tools to turn our policy asks into a reality.To access this recording, please email gruiz@ilrc.org.
Video
Video

Resources for Non-Citizen Protesters
At this critical time when hundreds of thousands of people are taking to the streets to affirm that Black Lives Matter, the right to join in any type of protest is critical to a functioning democracy. Whether you are calling out institutional racism, police brutality, or ICE, this webinar will provide special considerations for noncitizens thinking about participating in protests. In particular, we will provide information on best practices for noncitizen protesters, potential immigration consequences stemming from a criminal arrest or charges, and how immigrant rights work intersects with the Black Lives Matter movement.
Webinar
Webinar

Detention & Deportation System for Children and Youth
Level: BeginnerThis webinar will help advocates understand how the immigration detention and deportation system works for unaccompanied children (UCs), whether they migrated alone or with a parent or other family member and were later separated. It will help demystify the maze of immigration policies and procedures that apply specifically to UCs, including a discussion of which children are classified as UCs, the federal agencies that interact with UCs, the detention and release process for UCs, and updates on how the Biden Administration has responded to increased numbers of UCs.PresentersRachel Prandini, Staff Attorney - ILRCRachel is one of ILRC’s staff attorneys based in San Francisco. Rachel focuses on immigrant youth issues, including unaccompanied minors and immigrant youth in the juvenile justice and child welfare systems. Rachel provides technical assistance and trainings to immigration and state court attorneys, social workers, and judges. She works on statewide and national policy that affects the rights of immigrant youth and is frequently consulted for her expertise in Special Immigrant Juvenile Status. Rachel co-authored the ILRC’s publication Special Immigrant Juvenile Status and Other Immigration Options for Children and Youth.
Webinar
Webinar

FOIA
Level: IntermediateThis webinar will discuss FOIA requests in immigration cases and provide tips for filing FOIA requests with DHS, including USCIS, OBIM, ICE and CBP. Researching clients’ case histories may become particularly important if any of the proposed legalization bills are enacted.

Emerging Strategies for Prolonged Detention

Detention
Enforcement

Level: IntermediateThis webinar is geared toward those who have some bond experience and would like to take a deeper dive into the law. In this webinar, we will focus on emerging topics following developments in prolonged detention caselaw. We will...

Detention & Bond: Defending Noncitizens in Immigration Custody

Detention
Enforcement
Removal Defense

Detention & Bond: Defending Noncitizens in Immigration Custody will guide advocates through practical and technical considerations when representing detained noncitizen clients. This comprehensive guide provides a top to bottom overview of strategies...

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