Immigration at the Border

ICE Fails to Provide Basic Oversight of Solitary Confinement and Unlawfully Destroys Records
U.S. Immigration and Customs Enforcement (ICE) has been known to improperly subject individuals in its custody to solitary confinement and has destroyed solitary confinement records in violation of a records retention schedule and an agreement to preserve records in a lawsuit. On October 13, the U.S. Department of Homeland Security… Read More

Biden Administration Announces Plan for Reinstating the Migrant Protection Protocols
Two months after a federal court ordered the Biden administration to reinstate the so-called Migrant Protection Protocols (also known as “Remain in Mexico”), the administration announced that it will reinstate the program in mid-November if Mexico agrees. In response, some advocates staged a virtual walkout of… Read More

The Reimplementation of MPP is Betrayal of President Biden’s Campaign Promises
The Biden administration announced today that the U.S. Department of Homeland Security plans to revive and reimplement the Migrant Protection Protocols by mid-November. The Council believes that plans to restart the program is a betrayal of the president’s campaign promises and a sign that this administration is failing to reenvision border management and the way that we treat asylum seekers. Read More

Citing Factual and Legal Flaws, Groups Urge DHS to Acknowledge Systematic Barriers in Second Memo Terminating MPP
The American Immigration Council and 29+ organizations urged DHS—in a letter offering factual and legal recommendations on how to end the Migrant Protection Protocols—to fully and forcefully acknowledge the humanitarian and legal catastrophe caused by MPP. Read More

Council and Partners Offer Guidance to DHS on Terminating the Migrant Protection Protocols
The Council and 30 other organizations sent a letter to DHS offering an assessment of the factual and legal bases for terminating the Migrant Protection Protocols (MPP) program. Read More

ICE Needs a Consistent System of Discretionary Release from Detention
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) need to establish clear guidance for when ICE should release someone from detention. So far, the Biden administration, like past administrations, has failed to issue this essential guidance. This inaction has left thousands of people needlessly detained. Read More

Biden Administration Halts Mass Worksite Raids By ICE
The Biden administration just took a significant step toward reining in U.S. Immigration and Customs Enforcement (ICE). Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued a memorandum that orders the agency to halt all mass worksite raids. The memorandum also orders the agency to shift its focus to… Read More

Coalition Letter Calls on Biden Administration to End Private and Local Detention Contracts and Take Steps to Dismantle Detention System
The American Immigration Council joins a coalition letter that calls on the Biden administration to terminate local detention contracts and halt all other efforts to expand the ICE detention system. Read More

Biden Administration Doubles Down On Title 42 As Del Rio Expulsions Draw to A Close
In September, nearly 15,000 Haitians arrived near Del Rio, Texas seeking asylum in the United States. But rather than allowing them to seek protection, as is their right under United States law, the Biden administration instead began a process of mass expulsions to Haiti. With expulsions to Haiti finally… Read More

DHS Infringed on First Amendment Rights by Collecting Intel on Portland Protestors
U.S. Department of Homeland Security (DHS) officials improperly developed intelligence reports nicknamed “baseball cards” about individuals arrested in Portland, Oregon during the civil unrest following George Floyd’s murder, a DHS internal review found. The internal report found that the Intelligence & Analysis (I&A) branch of DHS directed federal agents… Read More
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