Enforcement

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

Recent Features

All Enforcement Content

Publication Date: 
May 1, 2012
The report describes restrictions on access to legal counsel before DHS, provides a legal landscape, and offers recommendations designed to combat DHS’s harmful practices. It also addresses changes...
Publication Date: 
April 30, 2012
How Behavioral Economics Reveals the Fallacies behind “Attrition through Enforcement” By Alexandra Filindra, Ph.D....
Publication Date: 
April 17, 2012
In April, the U.S. Supreme Court will hear arguments in Arizona v. United States, a case addressing the legality of the Arizona immigration law known as SB 1070. According to the statement...
Publication Date: 
April 17, 2012
In April 2012, the Department of Homeland Security (DHS) Office of Inspector General (OIG) released two long-awaited reports on the Secure Communities Program: Operations of United States...
Publication Date: 
April 11, 2012
Discretion takes many forms throughout the immigration enforcement process. Every removal of a noncitizen from the United States, for example, reflects a series of complex choices which reflect...
Publication Date: 
April 1, 2012
Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its operation...
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February 23, 2012
As federal officers, U.S. Customs and Border Patrol agents may only exercise the authority granted under federal statutes and regulations. This fact sheet provides a snapshot of search, interrogation...
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February 16, 2012
What You Need to Know if Your State is Considering Anti-immigrant Legislation...
Publication Date: 
February 6, 2012
By Michele Waslin The day that Alabama’s draconian anti-immigrant law...
Publication Date: 
November 29, 2011
This paper describes the Secure Communities program, identifies concerns about the program’s design and implementation, and makes recommendations for the future of the program.
This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP).
This nationwide class action lawsuit challenges systemic delays in providing immigration files.
June 11, 2019
New evidence shows the woefully inadequate medical and mental health care in an immigration detention center in Aurora, Colorado. Here are some of the detainees’ experiences we documented:
Publication Date: 
April 19, 2019
In this case, the Federal Defenders of San Diego argue that the court should have conducted a deeper inquiry into the voluntariness of a guilty plea offered by 18-year-old Claudia Hernandez-Becerra because she spent three days detained in an “hielera” before her arraignment for entering the United States without permission.
February 28, 2019
Numerous babies under the age of one—and some as young as six months old—are being detained in immigration detention at the South Texas Family Residential Center in Dilley, Texas.
We filed a FOIA request seeking statistical information, as well as policies and guidance, regarding Board of Immigration Appeals standards for issuing stays of removal. Because the government failed to respond, we're filing a lawsuit.
February 6, 2019
The Migrant Protection Protocols (MPP)—also commonly known as the "Remain in Mexico" policy—will put asylum seekers at grave risk of harm by forcing them to remain in Mexico pending their request for protection. Due to these concerns, immigration advocates submitted a letter to the government with first-hand testimonies of ten families attesting to the violence and harm–including rape, beatings, kidnappings, and ransom–they faced on the Mexican side of our southern border.
Publication Date: 
January 10, 2019

The American Immigration Council and the Immigrants’ Rights and Human Trafficking Program and Boston University School of Law filed an amicus brief in ACLU v. DHS, a Freedom of Information...

January 7, 2019

The American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a joint comment opposing the “Interim Final Rule: Aliens Subject to a Bar on Entry Under...

November 6, 2018
The Trump administration proposed new regulations undermining the 1997 Flores settlement agreement. If the proposed regulations are finalized, they would weaken protections for children and place them at greater risk of trauma and mistreatment.
July 20, 2022

U.S. Immigration and Customs Enforcement (ICE) recently announced a new directive aimed at preserving family unity and the parental rights of noncitizens. The directive, “Interests of Noncitizen...

July 12, 2022

U.S. Customs and Border Protection (CBP) has concluded in a new report that Border Patrol agents on horseback did engage in the “unnecessary use of force” against Haitian migrants entering the...

July 8, 2022

Since President Biden took office, he has faced attacks on his handling of the border from Governors Greg Abbott of Texas and Ron DeSantis of Florida. Both states brought lawsuits against Biden’s...

June 30, 2022

Almost a year after the Supreme Court allowed a federal judge in Texas to order the Biden administration to restart the so-called “Migrant Protection Protocols” (MPP), the Supreme Court ruled in...

June 27, 2022

The House Appropriations Committee on Friday passed the Department of Homeland Security (DHS) funding bill for Fiscal Year 2023, as part of the year-over-year process that Congress undertakes to...

June 10, 2022

The Supreme Court issued a decision on Wednesday barring a civil rights lawsuit against a U.S. Border Patrol agent for reportedly entering the property of a U.S. citizen without a warrant and...

May 23, 2022

Just three days before Title 42 was set to end on May 23, a federal judge in Louisiana blocked the Centers for Disease Control and Prevention (CDC) from ending the controversial policy. With the...

May 10, 2022

U.S. Customs and Border Patrol (CBP) announced in a May 6 memorandum that it would eliminate its Border Patrol Critical Incident Teams (BPCITs). The teams have faced criticism for their secretive...

April 28, 2022

A federal court in Louisiana issued an order on Wednesday temporarily preventing the Biden administration from winding down Title 42, the controversial public health policy that allows immigration...

April 26, 2022

Over three years after the Migrant Protection Protocols (MPP) went into effect, the Supreme Court finally heard oral arguments in a case about the program, also known as the “Remain in Mexico”...

May 7, 2020
The American Immigration Council and the American Immigration Lawyers Association , through their joint initiative the Immigration Justice Campaign, filed an oversight complaint with the Department of Homeland Security Office for Civil Rights and Civil Liberties and the Office of the Inspector General highlighting the experiences of individuals detained by Immigration and Customs Enforcement amid the COVID-19 pandemic.
April 28, 2020
Today’s Court decision denying the emergency temporary restraining order in NIPNLG, et al., v. EOIR, et al., is deeply disappointing. This lawsuit was brought against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
April 22, 2020
President Donald Trump signed an executive order to temporarily suspend immigration to the United States. The order applies to many individuals currently outside the United States who do not yet have immigrant (permanent) visas.
April 8, 2020
Immigration groups moved for an emergency temporary restraining order against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement in order to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
March 31, 2020
A federal court in Arizona allowed five asylum-seeking mothers and their children who were torn apart under the Trump administration’s family separation policy to move forward with a lawsuit against the United States for the cruel treatment and anguish U.S. immigration agencies inflicted on them. The court denied the government’s motion to dismiss the case.
March 27, 2020
The U.S. Court of Appeals for the Ninth Circuit has upheld a ruling blocking a Trump administration policy that categorically denies bond hearings to asylum seekers. The case is Padilla v. ICE.
March 23, 2020
In a letter calling for prioritizing the health and safety of government employees, detained individuals, and their legal representatives amid the COVID-19 outbreak, the American Immigration Council and the American Immigration Lawyers Association, together with the National Immigrant Justice Center, the Southern Poverty Law Center, and more than 100 other organizations, urged the U.S. Department of Justice Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to immediately authorize the robust and automatic use of remote options for immigration court appearances and attorney-client meetings.
February 19, 2020
A federal court ordered U.S. Customs and Border Protection to overhaul the way the agency detains people in its custody in the Tucson Sector. The court found that the conditions in CBP holding cells, especially those that preclude sleep over several nights, are presumptively punitive and violate the U.S. Constitution.
January 23, 2020
During the course of the trial, a federal judge heard from qualified experts who testified on the inadequate medical care and severe conditions inside CBP detention centers.
January 13, 2020
The trial in a legal challenge to the horrific conditions in U.S. Border Patrol's short-term detention facilities across the Tucson sector, filed in June 2015 by immigration groups, begins on Monday, Jan. 13 at the U.S. District Court in Tucson, Arizona.
September 21, 2023

Co-Authors: Emily Creighton and Tsion Gurmu In the summer of 2020, after George Floyd’s murder, racial justice protests took hold in cities throughout the country. The massive mobilization...

September 14, 2023

Since President Biden took office, Texas Governor Greg Abbott has been escalating both rhetoric and action in response to a rise in migration across the Rio Grande. Right now, challenges to his...

September 8, 2023

“There should be no private prisons, period, none, period. And we are working to close all of them.” Those are the words of President Joe Biden in April 2021, when he was called out by immigrant...

August 17, 2023

On Thanksgiving Day 2017, U.S. Immigration and Customs Enforcement (ICE) officers arrested Kamyar Samimi—a lawful permanent resident with a decade-old conviction for drug possession—and sent him...

August 10, 2023

On April 8, a family came to the San Ysidro port of entry in Tijuana and asked to be let into the United States to seek asylum. The husband’s arm was bleeding. He’d been shot. The cartel that had...

August 9, 2023

The Biden administration has officially reinstated its enforcement guidelines for U.S. Immigration and Customs Enforcement (ICE). The move comes after the Supreme Court reaffirmed the federal...

July 28, 2023

On Tuesday, a federal judge ruled that the Biden administration’s asylum transit ban was illegal and should be vacated. The ruling isn’t in effect yet – it was delayed for 14 days and may be...

July 21, 2023

“I never thought I’d say there’s anything worse than ICE custody, but this is it.” That’s an immigration attorney in San Diego talking to CNN about the shelter facilities run by U.S. Customs and...

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...

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