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

July 17, 2019
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
July 1, 2019
To better understand the changing interior enforcement trends under the Trump administration, this report analyzes individual-level data on immigration enforcement outcomes.
December 5, 2018
This analysis reveals that individuals detained by U.S. Immigration and Customs Enforcement were commonly held in privately operated and remotely located facilities, far away from basic community...
September 6, 2018
The Legal Orientation Program (LOP) offers legal education, as well as referrals for free and low-cost legal counsel, to noncitizens in immigration detention.
August 16, 2018
This report presents findings from the first empirical analysis of asylum adjudication in family detention. Drawing on government data from over 18,000 immigration court proceedings initiated between...
March 7, 2018
Enforcement of U.S. immigration laws has historically been guided by policies that emphasize prioritization. However, this practice has largely been abandoned since the inauguration of President...
January 24, 2018
Parole under immigration law is very different than in the criminal justice context. In the immigration context, parole facilitates certain individuals’ entry into and permission to temporarily...
September 19, 2017
Mexican migrants suffer a host of violations, abuses, and ill treatment while in the custody of U.S. immigration authorities.
August 2, 2017
This report raises more concerns about misconduct throughout Border Patrol sectors and shows Customs and Border Patrol has made little progress in its efforts to improve accountability.
May 19, 2017
The Trump administration’s approach will have devastating consequences for immigrant communities and will undermine, rather than improve, public safety.
October 13, 2020
The American Immigration Council, the Immigration Defense Clinic at Colorado Law, and the American Immigration Lawyers Association, submitted a comment in opposition to the Department of Homeland Security proposed rule on the "Collection and Use of Biometrics by U.S. Citizenship and Immigration Services."

The Council filed a Freedom of Information Act (FOIA) lawsuit on behalf of the University of California (UCLA) School of Law Professor Ingrid Eagly seeking to uncover the scope and operation of...

September 30, 2020

U.S. Customs and Border Protection (CBP) is attempting to permanently destroy records related to civil rights complaints against the agency, administrative and criminal investigations into...

September 15, 2020
This new rule will increase the total number of people who are required to submit biometric data from 3.9 million currently to 6.07 million—an increase of more than 60%.
This request would show whether CBP is violating statutory protections intended for these youth.
August 7, 2020
In the amicus brief, the Council and partners documented the reliance on these records by researchers and advocates to monitor and expose troubling practices.
August 5, 2020

The American Immigration Council and the American Immigration Lawyers Association submitted a comment opposing the regulation "Security Bars and Processing." 

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During the COVID-19 pandemic, immigration courts have frequently closed without explanation or notice to the public. This Freedom of Information Act request seeks records on the government's response.
The Freedom of Information Act (FOIA) request demands records regarding all CBP deployments to U.S. cities during the protests of George Floyd's death.
July 21, 2020

The American Immigration Council signed on to a letter calling on Congress to demand greater transparency from Immigration and Customs Enforcement regarding Cameroonian and other Black...

June 1, 2021

President Biden released the first budget proposal of his presidency on May 29, a landmark for any new president. A presidential budget generally reflects the goals of the administration and can...

May 27, 2021

The Department of Homeland Security’s Office of Inspector General (DHS OIG) recently found that the Trump administration deported as many as 348 parents that had been separated from their children...

May 26, 2021

U.S. Immigration and Customs Enforcement (ICE) mishandled the coronavirus outbreak in detention centers so badly that it not only lead to horrific conditions and deaths among people in its custody...

May 20, 2021

The Biden administration inherited an immigration enforcement system devoted to detaining and deporting as many people as possible. During the Trump years, every undocumented immigrant in the...

May 19, 2021

One policy first created by the Trump administration is responsible for the greatest restriction on access to our immigration system for asylum seekers than any other. It provides no meaningful...

May 17, 2021

Newly revealed government documents provide details on the extent of the Trump administration’s retaliation against people who provided legal assistance to asylum seekers at the U.S.-Mexico border...

May 12, 2021

The Department of Homeland Security (DHS) recently withdrew two rules proposed by the Trump administration. On the surface, it seems they have nothing in common: a proposed expansion in collecting...

May 7, 2021

Every year the U.S. government locks up thousands of non-citizens in a prison system few Americans know about—the immigration detention system. Though immigration detention is termed “civil”...

May 4, 2021

The Biden administration has ended a Trump-era policy of denying so-called sanctuary cities from receiving certain forms of federal funding. The policy had been used in retaliation against local...

April 22, 2021

This blog is the second in a three-part series examining President Biden’s first 100 days in office from the Immigration Justice Campaign. Many of us will always vividly remember the fear and lack...

September 15, 2020
AILA and the American Immigration Council are calling on Congress to initiate an immediate and thorough investigation into conditions and medical care at ICE detention centers following the disturbing news reports yesterday about the lack of COVID-19 protections and inadequate medical care, including a report that a number of women detained at the Irwin detention center in Ocilla, Georgia were unnecessarily subject to hysterectomies.
September 8, 2020
Asylum seekers who have been turned back by U.S. Customs and Border Protection from ports of entry along the U.S.-Mexico border asked a federal court to permanently stop the Trump administration’s Turnback Policy and declare it unlawful.
August 26, 2020
Individuals in U.S. Immigration and Customs Enforcement custody at the Otero County Processing Center filed a motion for preliminary injunction to stop ICE from denying detained individuals the ability to contact their lawyers and the outside world by phone.
August 6, 2020
A federal judge has granted class certification in Al Otro Lado v. Wolf, a lawsuit challenging the Trump administration’s policy of turning back asylum seekers at ports of entry. The ruling provides that the challenge to the Turnback Policy will continue on behalf of all asylum seekers along the U.S.-Mexico border who were or will be prevented from accessing the asylum process at ports of entry as a result of the government’s Turnback Policy.
August 4, 2020
The public has a right to know the safeguards that the government has in place to prevent the unnecessary illness and possible death of numerous individuals still reporting to work in immigration courts throughout the country.
July 28, 2020
The U.S. Department of Homeland Security released today a memo on the Deferred Action for Childhood Arrivals initiative that would deny all pending and future initial requests for DACA and reject all pending and future applications for advance parole absent exceptional circumstances. It would also shorten DACA renewals and the accompanying work authorization to one-year, rather than a two-year period.
July 2, 2020
A federal court has ruled that the failure of U.S. Immigration and Customs Enforcement (ICE) officers to consider less restrictive settings before transferring unaccompanied immigrant youth to ICE detention on their 18th birthdays violates U.S. immigration laws.
June 23, 2020
A federal appeals court has ruled that a lawsuit against the Trump administration’s policy that sought to massively expand fast-track deportations without a fair legal process can continue. The court held that the lawsuit was properly brought, but rejected the claim that the administration had failed to follow the procedures provided under the Administrative Procedure Act.
May 27, 2020
The American Immigration Council's latest report examines major changes to the U.S. immigration system in the wake of the COVID-19 pandemic and the unique challenges the pandemic has created for noncitizens and government agencies.
May 14, 2020
The American Immigration Council, the American Immigration Lawyers Association, Human Rights Watch, and the law firm Winston & Strawn LLP filed a lawsuit in the U.S. Northern District of California today to compel the release of records about the US Migrant Protection Protocols, also known as the “Remain in Mexico” program.
August 16, 2021

The Trump administration’s Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program, inflicted extreme harm on vulnerable people seeking asylum at the border beginning in...

August 16, 2021
The Council led more than 100 other organizations in a letter urging the Biden administration to do everything in its power to prevent the return of the Migrant Protection Protocols (MPP), which was...
August 13, 2021

U.S. Immigration and Customs Enforcement (ICE) announced this week a new policy designed to honor and protect vulnerable immigrants. The new policy addresses protections for survivors of violence...

August 10, 2021

A new Illinois law limiting U.S. Immigration and Customs Enforcement (ICE) detention is expected to effectively end detention in the state by next year. The law goes further than those that have...

August 6, 2021

A federal judge on Tuesday dealt an important blow to Texas Governor Greg Abbott’s flawed plan to stop migrants from entering and traveling through Texas. Governor Abbott issued an executive order...

August 5, 2021

It is unquestionable that technology creates efficiencies. But efficiency should not come at the total expense of privacy. A new app from U.S. Customs and Border Protection (CBP) toes that line...

August 2, 2021
This Council fact sheet provides an overview and analysis of border encounters and border apprehensions in 2021.
July 30, 2021

U.S. Immigration and Customs Enforcement (ICE) keeps making an inexcusable error: it has been deporting U.S. citizens by mistake. 70 potential U.S. citizens were deported between 2015 and 2020, a...

What is CBP One and why is it concerning?

Customs and Border Protection (CBP) launched a new app that can be downloaded on mobile devices called CBP One. According to the agency, CBP One...

July 28, 2021

As the number of families coming to the border has increased from June to July, the Biden administration is beginning yet another crackdown. Late on July 26, the Department of Homeland Security (...

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