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

May 9, 2017
Detained asylum seekers encounter numerous challenges, including the following problems detailed in this report.
April 24, 2017

The last time the Border Patrol received a large infusion of money to hire thousands of new agents, cases of corruption and misconduct spiked in the agency. New hires were not sufficiently vetted...

March 21, 2017
This fact sheet explains detainers, how they are used by federal and local enforcement, and the impact they have on immigrants.
February 27, 2017
The provisions in the order pose serious concerns for the protection and due process rights of those currently residing in the United States, communities along the U.S-Mexico border, and vulnerable...
January 25, 2017
This fact sheet includes changes resulting from the creation of the Priority Enforcement Program (PEP) in 2014 and related legal decisions.
December 21, 2016
Too often, some or all of a detainee’s belongings are lost, destroyed, or stolen by the immigration-enforcement agents entrusted with their care.
August 31, 2016
This report examines what happens when “family detention” does not actually keep loved ones together and profiles the experiences of five asylum-seeking families who are divided by detention.
August 18, 2016
This report reveals that individuals are frequently held for days and sometimes even months in holding cells in Border Patrol sectors along the U.S.’ southwest border.
May 18, 2016
First-hand accounts from Central American women and their family members reveal the dangerous and bleak circumstances of life these women and their children faced upon return to their home countries...
May 16, 2016

Over the past few years, thousands of children—many fleeing horrific levels of violence in Central America—have arrived at the U.S. border in need of protection. Most children are placed in...

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...

July 17, 2020

The American Immigration Council joined a letter to the U.S. Department of Homeland Security calling on the release of all families held at all three Immigration and Customs...

This lawsuit challenged ICE’s practice of transferring unaccompanied minors who turn 18 years old to adult custody in the agency’s contracted jails and prisons, without considering less restrictive placements.
The information will enhance the public’s understanding of steps U.S. Customs and Border Protection (CBP) has taken to protect detained individuals from an outbreak of COVID-19.
This Freedom of Information Act (FOIA) lawsuit seeks to uncover information about the Migration Protection Protocols (MPP)—also known as the "Remain in Mexico" program.
May 12, 2020
The American Immigration Council filed this amicus curiae brief in support of individuals who sought release from detention due to their significant risk of infection from COVID-19.
May 7, 2020
The complaint calls on oversight agencies to demand immediate action by ICE to help stop the spread of the coronavirus where social distancing is not possible, including:

The American Immigration Council filed a lawsuit after Immigration and Customs Enforcement (ICE) failed to timely respond to the Council’s Freedom of Information Act (FOIA) request.

The...

The Council filed a lawsuit to close the immigration courts and ensure due process.
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 (...

July 27, 2021

The state of Texas has started a concentrated effort to arrest immigrants who have recently crossed the U.S.-Mexico border. The immigrants are charged with criminal state offenses of trespassing...

July 15, 2021

U.S. Immigration and Customs Enforcement (ICE) may soon have its first Senate-confirmed leader in nearly five years. On July 15, the Senate Homeland Security and Governmental Affairs Committee...

July 9, 2021

U.S. Immigration and Customs Enforcement (ICE) will no longer detain most people who are pregnant, postpartum, or nursing, according to a new policy released on July 9. However, ICE did not commit...

June 30, 2021

The Supreme Court issued a decision on June 29 in the Johnson v. Guzman Chavez case. The majority of the justices determined that people with prior removal orders are subject to mandatory...

June 24, 2021

During the 2020 campaign, President Biden pledged to end all 287(g) agreements made by the Trump administration. More than 150 days into his presidency, the promise remains unfulfilled. The 287(g...

June 23, 2021

Asylum seekers who were ordered deported for missing their U.S. court hearings under the Trump administration’s so-called Migrant Protection Protocols (MPP)—informally known as the “Remain in...

June 17, 2021

The Department of Homeland Security (DHS) announced on June 11 its plan for funds the Trump administration had planned to use to construct a wall on the U.S.-Mexico border. Unspent funds will...

June 10, 2021

U.S. Customs and Border Protection is collecting DNA from asylum seekers at the border, recent media reports confirm. This is the latest expansion of DNA collection as part of a program initiated...

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...

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.
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.
October 6, 2021

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...

October 6, 2021
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...
October 5, 2021
The Council and AILA, through their Immigration Justice Campaign followed up on their March 25, 2021 letter to the DHS and ICE with examples of unfair denials of requests for release at ICE...
October 1, 2021

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...

September 30, 2021

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...

September 22, 2021
A district court judge in Washington, D.C., ruled that ICE broke the law by detaining unaccompanied children who turned 18 and “aged out” of Office of Refugee Resettlement custody. The court ordered the agency to change its practices and procedures to avoid further unlawful detentions.
September 22, 2021

The American Immigration Council joined 38 other civil rights organizations in urging President Biden to live up to his administration’s commitment to a...

September 21, 2021

Roughly 14,000 Haitians arrived at the border across from Del Rio, Texas in mid-September and walked across the Rio Grande to seek asylum. Many first left Haiti in 2010 following a devastating...

September 16, 2021

The Fifth Circuit Court of Appeals on Wednesday stayed a significant part of an earlier decision by the Northern District of Texas that would have blocked the implementation of the Biden...

September 10, 2021
In the amicus brief filed with the Supreme Court of Michigan, the Council and partners reject Calhoun County's position to withhold records that otherwise would be released under the Michigan state FOIA.

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