Enforcement

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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.
May 9, 2017
Detained asylum seekers encounter numerous challenges, including the following problems detailed in this report.
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:
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.
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.
September 18, 2018

The American Immigration Council and American Immigration Lawyers Association submitted a written statement to the Senate Committee on Homeland Security and...

August 23, 2018

The Trump administration’s “zero tolerance” immigration policy led to not only to the forcible separation of thousands of children from their parents, but the extreme duress and coercion of...

November 1, 2015
This Practice Advisory discusses the impact of an interim rule repealing two former regulations which barred all “arriving aliens” from adjusting status if they are in removal proceedings. This Advisory provides a brief history leading to the rule, defines key terms, discusses the impact of the rule, and suggests steps that a parolee can take to benefit from the rule.
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.
March 18, 2015
This Practice Advisory, updated following the issuance of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can influence the favorable exercise of prosecutorial discretion by ICE, CBP and USCIS officers.
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.
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.

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.

January 28, 2020

One year ago today, a confused Honduran man seeking asylum in the United States became the first person to be turned away from the border and sent back to Mexico to await a U.S. court hearing. He...

January 27, 2020

Monday marks the third anniversary of the Trump administration’s travel ban—a presidential proclamation that needlessly divides families on the basis of their religion and nationality. The...

January 24, 2020

Lawmakers on Capitol Hill sent a letter to U.S. Immigration and Customs Enforcement (ICE) this month demanding the release of all transgender people in ICE’s custody. At least two transgender...

January 23, 2020

The Department of Homeland Security (DHS) began collecting DNA from people held at the border earlier this month. This is part of a pilot program that DHS plans to expand nationwide. The program...

January 22, 2020

Iranian students coming to the United States are being stopped at airports, having their visas revoked, and are being deported. Advocates warn this trend is emerging less than a month after...

January 21, 2020

The Trump administration received an unfortunate victory in the case against their family separation policy. On January 13, 2020, Federal Judge Dana Sabraw sided with the government in a lawsuit...

January 15, 2020

After more than four years of gathering evidence of the substandard conditions in the government’s short-term detention facilities in Arizona’s Tucson Sector, a case challenging these conditions...

January 9, 2020

The government closed out the decade with yet another person’s death in immigration detention. Fiscal year 2019 was one of the most fatal years on the books for immigrants held in the custody of...

January 7, 2020

Update: On January 15, federal Judge Peter Messitte issued a preliminary injunction temporarily blocking the Trump administration from enforcing its executive order giving state and local...

January 3, 2020

Many New Yorkers had a reason to celebrate on December 16, as they were permitted to apply for a driver’s license for the first time, even if they lacked permanent immigration status. Now, thanks...

August 21, 2019
he Trump administration announced that it will publish a new regulation on Friday that allows for the indefinite detention of immigrant children. The rule will terminate the Flores Settlement Agreement, which currently requires that the government hold children in the least restrictive setting and release them as quickly as possible, generally within 20 days.
August 6, 2019
The American Immigration Council, American Civil Liberties Union, and Simpson Thacher & Bartlett LLP filed a federal lawsuit today challenging the Trump administration’s new rule that massively expands fast-track deportations without a fair legal process such as a court hearing or access to an attorney.
July 30, 2019
A federal district court has rejected the government’s second attempt to dismiss a lawsuit challenging the Trump administration's unlawful turnbacks of asylum seekers who present themselves at ports of entry along the U.S.-Mexico border – including its attempt to choke off asylum applications through a so-called “metering” process.
July 22, 2019
Expanding expedited removal in this manner will create a 'show me your papers' regime of immigration enforcement where individuals—including any U.S. citizens they encounter—will be forced to prove they should not be deported. The American Immigration Council will not stand by idly as the Trump administration continues its unlawful attacks on our communities. We will see the Trump administration in court
July 15, 2019
The Trump administration announced a new rule that would bar many individuals seeking protection in the United States from being able to apply for asylum. The American Immigration Council believes we should not be afraid to embrace our humanitarian obligations in a way that respects the rule of law.
July 1, 2019
A report on interior immigration enforcement by the American Immigration Council examines newly disclosed government data on the Trump administration’s aggressive enforcement agenda. The report, “Changing Patterns of Interior Immigration Enforcement in the United States, 2016–2018,” reveals that U.S. citizens and immigrant women have become increasingly vulnerable to immigration enforcement actions under the administration.
June 22, 2019
Newly obtained documents from the Department of Health and Human Services released today by immigrant rights groups and The Houston Chronicle show that migrant children continued to be separated from their parents at the border nearly one year after the end of the “zero tolerance” policy.
June 19, 2019
A class action lawsuit challenges the Department of Homeland Security and its component agencies’ nationwide practice of failing to timely respond to requests for immigration files under the Freedom of Information Act.
May 2, 2019
The American Immigration Council, Northwest Immigrant Rights Project, and The American Civil Liberties Union, filed a proposed amended complaint in federal court today in order to challenge the Trump administration’s new policy that categorically denies bond hearings to asylum seekers. The policy, announced April 16 by Attorney General William Barr, targets asylum seekers whom immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled.
April 29, 2019
Newly released government records reveal that the Department of Homeland Security monitored protest preparations across the United States and internationally in June 2018, as communities organized to oppose the Trump administration’s separation of children and parents at the southern border. The discovery follows other recent revelations that the government has been secretly monitoring activists, journalists, and immigrant rights defenders.
February 4, 2020

In U.S. Customs and Border Protection (CBP) custody, asylum seekers are detained in horribly cold and overcrowded facilities, unable to sleep, without access to food, water, or adequate medical...

February 3, 2020

Three years into the Trump administration, it’s become clear that we have lost our rudder. For a nation that long-provided a welcome mat to the huddled masses yearning to breathe free, our...

January 31, 2020

The American Immigration Council and the American Immigration Lawyers Association submitted an amicus brief in Las Americas Immigrant Advocacy Center v. Wolf, a case filed by the American...

January 29, 2020
This fact sheet explains the complicated interplay and application of protection and border processing policies.
January 28, 2020

One year ago today, a confused Honduran man seeking asylum in the United States became the first person to be turned away from the border and sent back to Mexico to await a U.S. court hearing. He...

January 27, 2020

Monday marks the third anniversary of the Trump administration’s travel ban—a presidential proclamation that needlessly divides families on the basis of their religion and nationality. The...

January 24, 2020

Lawmakers on Capitol Hill sent a letter to U.S. Immigration and Customs Enforcement (ICE) this month demanding the release of all transgender people in ICE’s custody. At least two transgender...

January 23, 2020

The Department of Homeland Security (DHS) began collecting DNA from people held at the border earlier this month. This is part of a pilot program that DHS plans to expand nationwide. The program...

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 22, 2020

Iranian students coming to the United States are being stopped at airports, having their visas revoked, and are being deported. Advocates warn this trend is emerging less than a month after...

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