Immigration at the Border

The Border Isn’t Open. Just 1 in 3 People at the Border Last Year Could Access the Asylum Process.
The Department of Homeland Security (DHS) published new data last week showing that over the past 12 months, the Border Patrol has carried out nearly 1.7 million apprehensions at the southern border—a record. Opponents of President Biden quickly jumped on the news to renew claims that the border is… Read More

Ninth Circuit Lifts Injunction Protecting People in ICE Detention from COVID-19
In a split decision, the Ninth Circuit Court of Appeals on October 20 lifted a lower court’s protections for medically vulnerable people locked up in U.S. Immigration and Customs Enforcement (ICE) detention centers during the COVID-19 pandemic. The protections included requiring that ICE adhere to public health and safety protocols… Read More

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

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

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

New Enforcement Priorities Show Some Improvement, Maintain Old Framework
On September 30, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued the long-awaited new set of enforcement priorities, entitled “Guidelines for the Enforcement of Civil Immigration Laws.” The guidelines, which will go into effect on November 29, 2021, will replace the February 18 interim enforcement priorities memo issued to… Read More

With New Florida Lawsuit, States’ Efforts to Dictate Federal Immigration Policy Continue
Florida Governor Ron DeSantis announced a new lawsuit on Tuesday seeking an order requiring the Biden administration to detain almost all people arriving at the Southwest border. It is the latest in a string of lawsuits brought by states with Republican governors seeking to shape federal immigration policy. In its… Read More
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