Enforcement

The United States has long-been a beacon of hope for individuals around the world seeking protection and refuge. Our immigration policies must continue to protect those who need it. Learn more about how America can continue to provide humanitarian protection to those in times of crisis.

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July 27, 2010
Arizona and the federal government await a decision from a Phoenix district judge on whether enforcement of SB 1070 will move forward on July 29th, or whether all or some parts of the law will be...
July 22, 2010
What proponents of laws like Arizona’s SB 1070 fail to understand is that state and local enforcement of immigration law actually jeopardizes the federal government’s ability to set priorities for...
June 22, 2010
Updated 06/22/10 Supporters of Arizona’s harsh new immigration law claim that it is, in part, a crime-fighting measure. For instance, the bill’s author, Republican State Senator Russell...
June 17, 2010
While visiting Phoenix, AZ in late January with a group of evangelical leaders who were in the border region to learn more about immigration, I met an immigrant family struggling to survive in a...
May 26, 2010
Immigration Enforcement without Immigration Reform Doesn’t Work This week, the Senate will consider amendments to the Emergency Supplemental Appropriations Bill that would add thousands of additional...
May 26, 2010
UPDATED 05/26/10 - Arizona’s controversial new immigration law (SB 1070) is the latest in a long line of efforts to regulate...
May 21, 2010
The intent of Arizona’s SB 1070, the “Support Our Law Enforcement and Safe Neighborhoods Act,” is to chase illegal immigrants out of the state. Or, as the new law puts it more formally: “to make...
April 26, 2010
Many people believe that only illegal immigrants are deported. However, thousands of long-term legal immigrants are deported each year. While some are deported for committing serious crimes, many...
April 15, 2010
The Secure Border Initiative (SBI), launched by the Department of Homeland Security (DHS) in 2005, is a cautionary tale of the dangers inherent in seeking a technological quick fix to the problem of...
April 2, 2010
Updated 04/02/10 Since 2004, the Immigration and Customs Enforcement Agency (ICE) has greatly expanded its partnerships with local police through the 287(g) program. As of March 2010, more than 1,...
July 23, 2015
The statement explains our recent research which shows that immigrants are less likely to commit serious crimes than native-born persons, and that high rates of immigration are associated with lower rates of violent crime and property crime.
The class-action lawsuit complaint alleges that Tucson Sector Border Patrol holds men, women, and children in freezing, overcrowded, and filthy cells for days at a time in violation of the U.S. Constitution and CBP’s own policies.
In March 2015, the American Immigration Council, in collaboration with the Law Office of Stacy Tolchin, the Northwest Immigrant Rights Project, and the National Immigration Project of the National Lawyers Guild, filed a class action lawsuit against CBP over its nationwide pattern and practice of failing to timely respond to requests under the Freedom of Information Act (FOIA). The plaintiffs included both immigration attorneys and individuals, all of whom had FOIA requests pending for over 20 business days.
On October 21, 2014, the American Immigration Council, the American Civil Liberties Union, and the National Immigration Project of the National Lawyers Guild, with co-counsel, the National Immigration Law Center and Jenner & Block LLP, filed a lawsuit under the Freedom of Information Act to compel the release of government documents regarding the use of the expedited removal process against families with children, including those detained by the Department of Homeland Security (DHS) in Artesia, New Mexico. The suit was filed in the federal district court for the Southern District of New York.
On August 22, 2014, the American Immigration Council, in collaboration with the American Civil Liberties Union, the National Immigration Project of the National Lawyers Guild, the National Immigration Law Center, Van Der Hout Brigagliano & Nightingale LLP, and Jenner & Block, filed this lawsuit in the federal district court for the District of Columbia. The case was a systemic challenge to the policies denying a fair deportation process to mothers and children detained in the Artesia Family Residential Center who had fled extreme violence, death threats, rape, and persecution in Central America and come to the United States seeking safety.
January 21, 2014
The American Immigration Council and National Immigration Project of the National Lawyers Guild (NIPNLG) are seeking to preserve federal court review of damages actions brought by noncitizens for abuse of authority by immigration agents.
January 3, 2014
Long used in criminal trials, motions to suppress can lead to the exclusion of evidence obtained by the government in violation of the Fourth Amendment, Fifth Amendment, or related provisions of federal law. While the immediate purpose of filing a motion to suppress is to prevent the government from meeting its burden of proof, challenges to unlawfully obtained evidence can also deter future violations by law enforcement officers and thereby protect the rights of other noncitizens. The Supreme Court held in INS v. Lopez-Mendoza, 468 U.S. 1032 (1984), that motions to suppress evidence under the Fourth Amendment in immigration proceedings should be granted only for “egregious” violations or if violations became “widespread.” Despite this stringent standard, noncitizens have prevailed in many cases on motions to suppress.
October 4, 2013
The Council, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), is seeking to preserve federal court review of damages actions brought by noncitizens for abuse of authority by immigration agents. In actions brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the government routinely moves to dismiss these cases on a variety of jurisdictional grounds, including by arguing that INA § 242(g) bars the court’s review of damages claims in any case involving removal procedures, and that a remedy under Bivens is not available in immigration-related actions. In essence, the government is attempting to deprive those who have been harmed by immigration agents of any remedy in federal court.
In March 2013, the American Immigration Council and Cleary, Gottlieb, Steen & Hamilton, later joined by the Legal Aid Justice Center, filed a lawsuit alleging that CBP officers at Dulles Airport in Virginia unlawfully detained a U.S. citizen child for more than twenty hours, deprived her of contact with her parents, and then effectively deported her to Guatemala. The case was one of ten complaints filed the same week to highlight CBP abuses along the northern and southern borders.
In June 2012, the American Immigration Council, in collaboration with Hughes Socol Piers Resnick & Dym, filed suit against DHS and CBP for unlawfully withholding records concerning voluntary returns of noncitizens from the United States to their countries of origin. Voluntary return, also known as “administrative voluntary departure,” is a procedure whereby CBP officers permit noncitizens to voluntarily depart the United States at their own expense rather than undergoing formal removal proceedings. Noncitizens may be granted voluntary return to their countries of origin after conceding unlawful presence in the United States and knowingly and voluntarily waiving the right to contest removal.
November 5, 2020

As the COVID-19 pandemic continues to rage inside ICE detention centers, hundreds of Cubans who cannot be deported, continue to be detained by U.S. Immigration and Customs Enforcement (ICE). They...

November 3, 2020

In the final run up to the presidential election, the Trump administration has reinvigorated its attacks on undocumented immigrants in the United States by targeting so-called “sanctuary” policies...

October 30, 2020

Congress released the “first complete narrative” on the Trump administration’s “Zero Tolerance” policy on October 30. This hallmark of President Trump’s immigration legacy led to the forcible...

October 29, 2020

Over 60,000 people at the southern border have been forced to return to Mexico under the Trump administration’s Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program. As...

October 28, 2020

Once a year, National Pro Bono Week celebrates the pro bono work of lawyers, paralegals, and law students. Pro bono legal services—which come at no cost—are integral for many people otherwise left...

October 26, 2020

U.S. Immigration and Customs Enforcement (ICE) continues to mismanage the spread of the coronavirus in its facilities nationwide—and the consequences might be far more deadly than the agency wants...

October 19, 2020

As the Trump administration cracked down on migrants at the U.S.-Mexico border, it has often invoked the concept of “national sovereignty” to justify drastic policy changes. But a new Senate...

October 15, 2020

U.S. Customs and Border Protection (CBP) launched another military-style raid on a humanitarian aid station in the Arizona desert, close to the U.S.-Mexico border. On October 5, Border Patrol...

October 14, 2020

U.S. Immigration and Customs Enforcement (ICE) deported a flight of approximately 100 African asylum seekers to their home countries, where they could face immediate arrest and death. Many of the...

October 12, 2020

The effort to permanently replace Columbus Day with Indigenous Peoples’ Day signifies a growing movement to honor the resilience and history of indigenous communities. The day presents an...

June 19, 2017
The American Immigration Council and the American Immigration Lawyers Association (AILA) are responding to this representation crisis with an Immigration Justice Campaign, a new initiative to prepare more lawyers to be cutting-edge defenders of immigrants facing deportatio
June 2, 2017
Access to legal counsel is a core American value and is the cornerstone of our justice system. Yet, Immigration and Customs Enforcement (ICE) has severely limited access to legal assistance for asylum-seeking women and children held in family detention facilities.
May 25, 2017
AILA and the Council have petitioned the Department of Homeland Security and the Department of State to issue new regulations that will ensure all immigrants have access to legal counsel in secondary and deferred inspection, as well as overseas consular interviews.
March 10, 2017
Immigrant rights groups asked the Washington District Court to again enjoin the Trump Administration’s “Muslim Ban” executive order.
February 17, 2017
The memo calls for the expansion of detentions and deportations, the hiring of more Border Patrol agents, the use of State National Guards, the building of a border wall, and the creation of new barriers for asylum seekers, among other provisions.
January 25, 2017
President Trump announced executive orders that are intended to follow through on campaign promises to build a wall and deport millions. Here's our response.
January 17, 2017
A coalition of immigrant and civil rights groups filed a complaint with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties, last Friday and the Office of Inspector General, on behalf of numerous adult men and women, families and unaccompanied children who, over the past several months, were denied entry to the United States at ports of entry along the U.S.-Mexico border.
December 22, 2016
This registry, known as the National Security Entry-Exit Registration System (NSEERS), was shown to be ineffective and had not been used for years.
December 21, 2016
The American Immigration Lawyers Association (AILA), represented by the American Immigration Council and Foley & Lardner LLP, filed a lawsuit to compel U.S. Customs and Border Protection's (CBP) compliance with the Freedom of Information Act (FOIA), and to request release of the CBP Officer's Reference Tool (ORT).
November 18, 2016
A federal district court found that U.S. Customs and Border Protection is violating the constitutional rights of people detained in holding facilities in Arizona and ordered the government to take steps to improve conditions in these facilities, known as hieleras.
August 19, 2021
A Texas judge blocked the Biden administration’s immigration enforcement priorities. The decision was issued in a case challenging ICE’s enforcement activities outside the scope laid out in the Feb. 18 enforcement memo.
August 18, 2021
The Council and partner immigration groups and former immigration judges filed an amicus brief to stop the reinstatement of the Migrant Protection Protocols.
August 18, 2021
This brief highlights the court's many factual errors about MPP in its decision to reinstate the program.
August 17, 2021
As the Biden administration begins crafting next year's budget, 131 organizations published a statement for the Biden administration outlining the top immigration priorities that must be included in the country’s budget for Fiscal Year 2023.
August 17, 2021
The Council and more than 130 organizations urged the Biden administration to redirect government funding for fiscal year 2023 away from draconian enforcement measures and invest in legal services...
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...

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