Immigration court backlog at an all-time high

The Harvard Immigration and Refugee Clinical Program
has sued federal immigration officials for failing to release records regarding the use of solitary confinement in immigration detention facilities.
In the lawsuit filed in Boston federal court, the clinic submitted records of requests to the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement, but the agencies have not fully complied in over four years.
The clinic said immigrant rights advocates
have raised concerns over the use of solitary confinement
on vulnerable immigrant populations at the facilities, including LGBTQ individuals and people with disabilities.

Harvard immigration clinic sues for records on ICE detention — what happened and why it matters

The Harvard Immigration & Refugee Clinical Program filed a Freedom of Information Act (FOIA) lawsuit after DHS and ICE failed to produce requested records about ICE’s use of solitary confinement and related detention practices. The clinic says it first submitted records requests years earlier and has waited more than four years for full production.

Why the suit matters

Public records about detention practices — especially solitary confinement and special-housing unit use — are central to assessing conditions, oversight, and possible human-rights abuses in immigration custody. The clinic’s lawsuit seeks transparency about how ICE uses restrictive detention measures and whether agency oversight met legal standards. The district court has issued rulings narrowing some disputes but the litigation continues.

Timeline (short)

• FOIA requests submitted (2017) seeking records on solitary confinement and special housing.
• After delayed and partial agency responses, Harvard sued in federal court in Boston.
• The court issued opinions addressing the adequacy of agency searches and redactions; parts of the case were granted and parts denied on summary-judgment motions. Litigation remains an important tool for public oversight.

Who is affected

• Detainees and their families — better public records can support legal defenses, motions to reopen, or administrative complaints.
• Advocates, researchers, and policymakers — records inform reporting, litigation, and oversight recommendations.
• The public — transparency helps evaluate government detention policy and accountability.

Practical steps if you were detained or represented someone detained

1. Preserve any detention paperwork (classification memos, special-housing unit notices, incident reports).
2. Save medical records, disciplinary reports, witness contact info, and call logs.
3. If you suspect misuse of solitary confinement, ask counsel about administrative complaints, FOIA requests, or using produced records in court challenges.

How we help

We review detention records, submit targeted FOIA requests, analyze produced documents for legal claims (conditions of confinement, due-process violations, or ineffective-assistance implications), and incorporate new records into motions, BIA filings, or federal litigation. If you or a family member experienced harsh detention conditions, schedule a case review and we’ll advise on records preservation and possible remedies.

FAQs

Will the lawsuit force ICE to release everything?
Not automatically — courts review claims of exemption, adequacy of search, and lawful redactions. Harvard has had mixed rulings, and further litigation may be needed to compel production.

Can I make my own FOIA request?
Yes. FOIA is available to anyone — but timelines can be long and results partial; counsel can help craft effective requests and follow-up appeals.