Border Enforcement
Migration at the border is a multifaceted issue, challenging the U.S. to secure our borders while upholding the human rights of individuals seeking safety and better opportunities. Balancing national security with compassion and our legal obligations to asylum seekers presents intricate dilemmas, and we collaborate with policymakers to advance bipartisan, action-oriented solutions.
Beyond A Border Solution
- Asylum
- May 2, 2023
America needs durable solutions. These concrete measures can bring orderliness to our border and modernize our overwhelmed asylum system. Read…
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Children in Immigration Court: Over 95 Percent Represented by an Attorney Appear in Court
Over the past few years, thousands of children—many fleeing horrific levels of violence in Central America—have arrived at the U.S. border in need of protection. Most children are placed in deportation proceedings before an immigration judge, where they will carry the legal burden of proving that they should be allowed… Read More

Reports of Additional Round-Ups of Refugees Met with Strong Condemnation
Reuters reported late on Thursday that the Obama Administration will launch a new round of immigration raids targeting Central American women and children following their last round-ups in January. The Reuters report says that Immigration and Customs Enforcement (ICE) is “planning a month-long series of raids in May and… Read More

Two People Died in Immigration Detention This Week
For more than a decade, Immigration and Customs Enforcement (ICE) has been criticized for the inadequate medical care available in its detention facilities, which has had deadly repercussions. This week, two more people died while in ICE custody—Jose Leonardo Lemus Rajo, 23, of El Salvador and Igor Zyazin,… Read More

New U.S. Sentencing Commission Guidelines on Immigration Are a Mixed Bag
Earlier this month, the U.S. Sentencing Commission (USSC) voted to change the Federal Sentencing Guidelines, which in some cases will lead to increased sentences for those convicted of “Unlawfully Entering or Remaining in the United States” or “Smuggling, Transporting, or Harboring an Unlawful Alien.” However, the USSC did not… Read More

Criminal Alien Program (CAP) FOIA Documents
American Immigration Council and AILA’s Connecticut chapter initially sought records related to CAP through a FOIA request to ICE in December 2011. When ICE refused to release records responsive to the request, Plaintiffs filed suit under FOIA for declaratory and injunctive relief to compel the disclosure and release of agency records improperly withheld by DHS and its component ICE Read More

Berks Detention Center Employee Convicted of Sexual Assault of Young Honduran Mother
A judge in Pennsylvania this week sentenced Daniel Sharkey, a 41-year-old former counselor at the Berks County Residential Center, to six to twenty three months of jail time. Sharkey previously worked at the county-run detention center for children and their parents. His sentence came down after he pled guilty… Read More

Custom and Border Protection Use–of-Force Data Raises More Questions
Use-of-force by U.S. Customs and Border Protection (CBP) personnel in Fiscal Year (FY) 2015 declined more than 26 percent compared with the previous year, according to statistics released last week by CBP. During FY 2015, which ended in September of last year, CBP reported 756 uses-of-force, down from the… Read More

These Two States Are Pushing Back on Private Immigration Detention
Immigration detention is being addressed at the state and local level in a variety of ways. In Indiana, local advocates are opposing a new private detention facility, and in California, legislators are attempting to limit private detention and enforce national detention standards. California State Senator Ricardo Lara recently introduced the… Read More

When Immigrants Are Deported Without Their Belongings or IDs, They Are Placed in Even Greater Danger
26 Mexican nationals say the Department of Homeland Security (DHS) deported them from the El Paso Border Patrol sector, which covers West Texas and all of New Mexico, without their identification, money, cell phones and other possessions, exposing them to greater danger in Mexico and making it nearly impossible to… Read More

Ashcroft v. Abbasi (formerly Turkman v. Ashcroft) – U.S. Supreme Court
The Council, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), is seeking to preserve federal court review of damages actions brought by noncitizens for abuse of authority by immigration agents. In actions brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the government routinely moves to dismiss these cases on a variety of jurisdictional grounds, including by arguing that INA § 242(g) bars the court’s review of damages claims in any case involving removal procedures, and that a remedy under Bivens is not available in immigration-related actions. In essence, the government is attempting to deprive those who have been harmed by immigration agents of any remedy in federal court. Read More
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