Enforcement

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October 21, 2020
Sanctuary policies do not conceal or shelter unauthorized immigrants from detection. Here's what you need to know about these policies.
September 30, 2020
This report identifies disruptions throughout the immigration system because of the COVID-19 pandemic and makes recommendations for improvements to the federal government’s response.
July 2, 2020
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...
January 29, 2020
This fact sheet explains the complicated interplay and application of protection and border processing policies.
January 10, 2020
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-...
January 2, 2020
This fact sheet describes the populations, duration, and conditions for noncitizens detained in the United States by department.
November 22, 2019
Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
September 13, 2019
This fact sheet gives a brief overview of the process individuals must undergo to seek release from immigration detention.
September 6, 2019
The fact is that building a fortified and impenetrable wall between the United States and Mexico is unnecessary, complicated, ineffective, expensive, and would create a host of additional problems.
July 22, 2019
Expedited removal is a process by which low-level immigration officers can quickly deport certain noncitizens who are undocumented or have committed fraud or misrepresentation.
October 22, 2020
The brief argues that DHS’ service practices for MPP tear sheets deny respondents their statutory right to notice of the time and place of their removal proceedings, their statutory right to a full and fair hearing, and, consequently, due process of law.
This Freedom of Information Act request seeks to uncover Customs and Border Protection’s actions and further expose its militarized response to the provision of humanitarian aid.
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."
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...

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 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.
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.

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...

April 20, 2021

This blog is the first in a three-part series from the Immigration Justice Campaign. Reflecting on his release from U.S. Immigration and Customs Enforcement (ICE) custody, Thomas,* a man who fled...

April 13, 2021

A record number of migrant children are arriving to the U.S.-Mexico border alone. In March 2021, U.S. Customs and Border Protection (CBP) encountered nearly 19,000 unaccompanied minors—the most to...

April 8, 2021

Only days after President Biden took office, some people were already declaring that the border was in a state of crisis. But recently released U.S. Customs and Border Protection statistics reveal...

April 6, 2021

U.S. Immigration and Customs Enforcement (ICE) detention centers—which often suffer from cramped conditions and poor access to medical care—are highly conducive to the spread of COVID-19. But ICE...

April 2, 2021

Over the last two months, the Biden administration has been pressured to carry out another crackdown at the border as the number of arriving families and children rise. But officials making these...

March 26, 2021

After almost two years in U.S. Immigration and Customs Enforcement (ICE) custody, Martin Vargas Arellano was released to a hospital on March 5. ICE did not notify his family or attorney. Three...

March 23, 2021

The current situation at the U.S.-Mexico border—including the rise in immigrant children in U.S. government custody—has captured the nation’s attention in recent weeks. Much of the conversation...

March 19, 2021

A pause on border wall construction is set to expire on March 20, without an indication of what will happen next. President Biden signed a proclamation ordering the 60-day pause on his first day...

October 30, 2020
Children and immigration advocacy groups filed a lawsuit in the Northern District of Illinois against CBP requesting information about the agency’s implementation of the CDC rule suspending people from entering the United States due to the COVID 19 pandemic and its specific impact on unaccompanied migrant children fleeing harm and seeking protection in the United States.
October 28, 2020
Civil and immigrants’ rights organizations filed a FOIA lawsuit today in the Eastern District of New York against CBP demanding information about the federal agency’s involvement in domestic policing at protests, demonstrations, and gatherings across the United States following the killing of George Floyd by police officers in Minnesota.
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 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 18, 2021
The Council urged the Biden administration to improve MPP wind down processing and toy move ahead with a second phase to include all individuals subjected to MPP.
May 18, 2021
The Council and Black Alliance for Just Immigration filed 10 FOIA requests to uncover what is happening inside immigration detention facilities and how ICE treats incarcerated Black immigrants in Louisiana, Mississippi, and Texas.
The Council and Black Alliance for Just Immigration (BAJI) are investigating the abuse and mistreatment of Black immigrants in ICE detention facilities located in Louisiana, Mississippi, and Texas.
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 13, 2021
This Council fact sheet provides an overview and analysis of border encounters and border apprehensions in 2021.
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...

May 3, 2021
In this letter, the Council and a diverse coalition call on the Biden administration to stop and reevaluate plans to destroy immigration agency records documenting abuse and misconduct.

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