Enforcement

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

Recent Features

All Enforcement Content

Publication Date: 
January 7, 2022
Under the “Migrant Protection Protocols”, individuals who arrive at the southern border and ask for asylum (either at a port of entry or after crossing the border between ports of entry) are given...
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November 29, 2021
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
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August 23, 2021
Over the last two decades, the federal government increasingly has utilized the criminal courts to punish people for immigration violations. This overview provides basic information about entry-...
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July 8, 2021
Through the 287(g) program, state and local police officers collaborate with the federal government to enforce federal immigration laws. In the past, the 287(g) program has been costly for localities...
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June 24, 2021
Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
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May 20, 2021
This report analyzes the Biden administration's 100 days progress in reforming immigration enforcement and recommendations for how to best move forward.
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March 16, 2021
This fact sheet provides an overview of “aggravated felonies” under federal immigration law and the immigration consequences of being convicted of an “aggravated felony.”
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February 26, 2021
This fact sheet draws from original data gathered from hundreds of community-organizations around the country and provides a snapshot of the extent of available services that help migrants navigate...
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February 10, 2021
This report presents a historical overview of how U.S. Border Patrol has been steeped in institutional racism and has committed violent acts with near impunity since its founding nearly 100 years ago...
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January 28, 2021
This analysis of data provided by the federal government reveals that 83% of all nondetained immigrants with completed or pending removal cases attended all their hearings from 2008 to 2018.
This lawsuit challenges ICE's policies that have made it extremely difficult—and in many cases impossible—for people in immigration detention to access their attorneys.
These Freedom of Information Act (FOIA) requests seek records from U.S. Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) about treatment of Haitian immigrants.
This FOIA lawsuit seeks to compel U.S. Immigration and Customs Enforcement (ICE) to provide information about the agency’s treatment of Haitian nationals detained at the Torrance Detention Facility.
This Freedom of Information Act (FOIA) request seeks to compel U.S. Immigration and Customs Enforcement to publish information on its website about how the public can pay bonds and secure the release of a loved one from ICE detention.
Protestors raise their hands in solidarity outside of the Fifth Police Precinct in Minneapolis in response to the death of George Floyd

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Publication Date: 
March 28, 2022
In the amicus brief filed with the Third Circuit Court of Appeals, the Council argues that the exclusionary rule in criminal proceedings should apply to evidence related to identity, because it is an essential deterrent to ICE’s widespread racially discriminatory enforcement practices.
This FOIA lawsuit seeks records about Border Patrol activities at the Sandusky Bay Station located in northern Ohio to improve the public’s understanding of CBP’s enforcement practices at northern U.S. borders, including cooperation with local law enforcement.
This FOIA Lawsuit seeks to compel CBP to release information about its implementation of CBP One, an app designed to streamline interactions between CBP officers and travelers, including asylum seekers, that has raised concerns amongst advocates.
This FOIA lawsuit seeks to compel DHS and ICE to disclose the weekly reports ICE was required to produce about their enforcement activities and removals pursuant to the DHS’ January 20 and February 18 memos establishing new immigration enforcement priorities.
This FOIA suit seeks to compel ICE to release information about conditions, treatment, and outcomes in eight immigration detention facilities in the U.S. South.
Publication Date: 
August 1, 2017
This Practice Advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by Customs and Border Protection officers.
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October 22, 2015
This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status.
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January 21, 2014
This Practice Advisory provides background information about requesting stays of removal from the court of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who are successful on their appeal.
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November 20, 2013

This Practice Advisory discusses the "departure bar" to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.

Publication Date: 
June 1, 2008

This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

July 19, 2023

At the direction of Governor Ron DeSantis, Florida has made it a felony to transport a person into the state who hasn’t been inspected by immigration authorities. Effective July 1, driving a broad...

July 14, 2023

“If I spoke too loudly, solitary. If I climbed on top of a table to get a guard’s attention, solitary. If I had suicidal thoughts, solitary. When the guards would tease me about being deported...

June 29, 2023

The end of the COVID-19 public health emergency back in May meant an end to Title 42. That policy, grounded in an obscure public health law, was put in place by the Trump administration in March...

June 27, 2023

Last Friday, the U.S. Supreme Court issued a decision in U.S. v. Texas, which allows the Biden administration to resume its implementation of guidelines for immigration enforcement within the...

June 15, 2023

Florida officials think the federal government must detain everyone – or virtually everyone – who arrives at the U.S.-Mexico border without a visa. And it is using the courts to try to make that...

June 15, 2023

Over the last two years, the House GOP has become increasingly vocal about their disagreements with the Biden administration on immigration and border policy. In recent weeks, this disagreement...

June 9, 2023

An internal investigation into the death of a medically vulnerable eight-year-old girl after over a week in Border Patrol custody continues to reveal shocking negligence on the part of medical...

June 2, 2023

Usurping the role of the federal government, state legislatures in Florida and Texas have proposed multiple harmful immigration bills during this year’s legislative session. Several Florida...

May 24, 2023

The Supreme Court has agreed to decide a case that asks the Court to overturn Chevron v. National Resources Defense Council—an influential decision that requires courts to defer to federal...

May 19, 2023

One of the biggest concerns after the end of the Title 42 policy of mass expulsion at the U.S.-Mexico border was that large numbers of people would cross in the hours and days afterward. When the...

May 3, 2023
The American Immigration Council released a new vision and blueprint for the border that highlights the need for a modern and functional system of humanitarian protection and border management in the United States.
April 18, 2023
The American Immigration Council responds to the new Menendez Plan which proposes humane and effective solutions for managing migration at the border.
April 10, 2023
Members of Congress, Faith Leaders, and Pediatricians Join Tens of Thousands of People Demanding Rescission of Biden Asylum Transit Ban.
February 21, 2023
The American Immigration Council responds to the Notice of Proposed Rulemaking by the U.S. Department of Justice and the U.S. Department of Homeland Security on the implementation of a new asylum transit ban.
February 7, 2023
The American Immigration Council released new research, The Growing Demand for Healthcare Workers in Utah, which underscores the crucial role immigrants play in some of the state’s fastest growing and most in demand healthcare fields.
January 5, 2023
The American Immigration Council responds to new announced a series of border policy reforms, including a variant of President Trump's asylum "Transit Ban", from the Biden administration.
December 8, 2022
The Council alongside other advocates has filed a lawsuit under the Freedom of Information Act (FOIA) to compel U.S. Immigration and Customs Enforcement (ICE) to publish on its website guidelines and procedures explaining how the agency processes bonds for the release of individuals in detention.
November 29, 2022
In response to the Supreme Court of the United States hearing oral arguments in the case, U.S. v. Texas -- a dispute over the Biden Administration’s authority to set immigration policy, the American Immigration Lawyers Association (AILA) and the American Immigration Council (AIC) have issued the following statement.
November 15, 2022
Judge Emmet G. Sullivan issued a decision vacating and ending Title 42, more than two and a half years after the purported public health policy went into effect.
October 13, 2022
The American Immigration Council alongside responded to the Biden Administration’s announcement of a parole program to protect some Venezuelan nationals with ties to the U.S., expansion of Title 42 to expel Venezuelans who cross the border without prior authorization, and nearly 65,000 added visas under the H-2B program.
July 13, 2023
Immigration advocacy groups filed a complaint with DHS' oversight bodies urging an investigation into the increased use and misuse of solitary confinement at the Denver Contract Detention Facility in Aurora, Colorado.
Last modified: 
July 12, 2023
Publication Date: 
July 13, 2023
The American Immigration Council and partners filed an administrative complaint with the with the Department of Homeland Security's oversight bodies urging immediate investigation into the misuse of...
This FOIA request seeks information on CBP’s treatment of asylum seekers and their access to inspection appointments scheduled via CBP One, revealing potential violations of their rights.
July 1, 2023
The Southern Poverty Law Center, American Civil Liberties Union, ACLU of Florida, Americans for Immigrant Justice, and American Immigration Council have announced they will file a federal lawsuit challenging Florida’s draconian Senate Bill 1718, which goes into effect, July 1.
June 28, 2023
Newly analyzed government data exposes the discrepancy between U.S. Immigration and Customs Enforcement's actions and its own guidelines.
In 2021, the Biden administration issued policy guidance on how ICE should carry out immigration enforcement. This report is a breakdown of how ICE carried out these policies.
June 23, 2023
The U.S. Supreme Court held in an 8-1 decision that states do not have the authority to challenge the executive branch’s authority to establish enforcement priorities.
Last modified: 
June 7, 2023
Publication Date: 
June 7, 2023
The American Immigration Council appeared before Congress to address the complicated reality of the application of immigration law at the border.
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June 2, 2023
Publication Date: 
December 9, 2021
This fact sheet provides an overview on CBP One, a mobile app developed to streamline interaction between travelers and CBP officers at ports of entry using technology which includes GPS tracking and...
Last modified: 
June 1, 2023
Publication Date: 
June 1, 2023
The American Immigration Council urged ICE to preserve the option of in-person bond payments and raised concerns about the web-based system Cash Electronic Bonds Online (CeBONDS).

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