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Supreme Court Hears Arguments Addressing the Legality of Detention Without Bond

Written by Caroline Walters and Kate Melloy Goettel  This week the Supreme Court heard oral arguments in two related immigration cases. Each asks whether certain noncitizens are entitled to bond hearings before a judge after the government has detained them for a prolonged amount of time. The question of prolonged detention for certain noncitizens has […]

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Immigration Detention and Enforcement Are a Mixed Bag in Biden’s First Year

Immigration detention and enforcement in the United States under the first year of the Biden administration has been a mixture of improvements and setbacks. The Trump administration implemented nearly 400 changes to interior enforcement with the goal of subjecting all undocumented immigrants to enforcement actions, and President Biden assumed office having made significant commitments to […]

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CBP One: An Overview

CBP One is a mobile app developed to streamline interaction between travelers and CBP officers at ports of entry using technology which includes GPS tracking and facial recognition. However, it is unclear how this app and the data it collects will be used.

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The Immigration Policy Successes and Failures of the Biden Administration

The Biden administration has—in its first year—rolled back many of the worst discriminatory policies implemented by the Trump administration that targeted non-U.S. citizens. But much work remains to be done. The U.S. immigration system and the refugee program are still plagued by dysfunction and in dire need of substantive reform. And COVID-19 continues to be […]

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Council and AILA Submit Comment Supporting DACA Regulation with Certain Modifications

The Council and AILA submitted comments in support of a proposed rule for incorporating Deferred Action for Childhood Arrivals (DACA) DACA into regulation.

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CBP’s Plan to Expand Data Collection of Individuals Before Arrival at the Border Leaves Questions Unanswered

U.S. Customs and Border Protection’s (CBP) plan to collect information from more individuals before they arrive at the border has raised questions about how the agency will gather and use the information as well as privacy concerns. CBP’s proposal would broaden the category of individuals who may submit biographic and biometric information before appearing at […]

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Apprehensions at the Border Dropped 15% This Fall, Highlighting Mexico’s Role in Stopping Migrants

Data released by U.S. Customs and Border Protection (CBP) shows that the number of individuals apprehended by the Border Patrol at the U.S.-Mexico border fell by 15% from September to October, with the agency reporting nearly 27,000 fewer apprehensions than the previous month. October marks the third straight month of falling apprehensions, following a peak […]

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Changing Cut Off Dates Leave India EB-3 Applicants in an Immigration Limbo

Annual limits on immigrant visa numbers, combined with processing delays and wasted numbers, mean even longer waits for people to become U.S. permanent residents. In November, the “cut off” date for visa eligibility retrogressed (moved backward in time) for people born in India who are in the employment-based (EB) third preference category for skilled workers, […]

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Council Advocates for Meaningful Access to Legal Representation in Immigration Detention

The American Immigration Council and the American Civil Liberties Union (ACLU) advocated for attorney access in immigration detention facilities in a letter sent a letter to DHS and ICE.

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DHS Issues New Memo Restricting Enforcement Activities in ‘Protected Areas’

The Department of Homeland Security (DHS) issued “Guidelines for Enforcement Actions in or Near Protected Areas”—a new memo that provides a framework for when and where DHS law enforcement entities can conduct enforcement activities in sensitive locations. The memo applies to enforcement activities of both U.S. Immigration and Customs Enforcement (ICE) and Customs and Border […]

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