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

Publication Date: 
August 20, 2010
Arizona politicians who support the state’s sweeping anti-immigrant law (SB 1070) are not particularly fond of...
Publication Date: 
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...
Publication Date: 
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...
Publication Date: 
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...
Publication Date: 
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...
Publication Date: 
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...
Publication Date: 
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...
Publication Date: 
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...
Publication Date: 
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...
Publication Date: 
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...
September 16, 2016
The statement calls to attention our concerns about over-broad enforcement actions and detention of asylum seekers and families.
September 15, 2015

The American Immigration Council, in collaboration with the American Immigration Lawyers Association, filed an amicus brief in Guerra v. Shanahan.  The amicus brief argued that the pre-...

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.
March 2, 2021

U.S. Immigration and Customs Enforcement (ICE) announced last week that it would make changes to two family detention centers in Texas that would result in families spending less time in detention...

February 19, 2021

For years, U.S. Immigration and Customs Enforcement (ICE) has taken a harsh, punitive approach that has ripped families and communities apart. The Trump administration’s approach was particularly...

February 17, 2021

Just days before it was due to take effect, the Biden administration has struck down a last-minute deal made between the Trump administration and the union for U.S. Immigration and Customs...

February 12, 2021

The Trump administration sent over 70,000 people who came to the U.S border seeking asylum back to Mexico to wait for court hearings. This so-called “Migrant Protection Protocols” (“MPP”) program...

February 11, 2021

The U.S. Border Patrol has been rooted in institutional racism since its founding in 1924. Almost a century later, the agency continues to commit racially fueled violent acts with near impunity....

February 8, 2021

For more than 40 years, the law has guaranteed any person who is physically present in the United States a right to seek asylum. In 2019 the Trump administration attempted to effectively eliminate...

February 3, 2021

On February 2, 2021, following the confirmation of Alejandro Mayorkas as secretary of Homeland Security, President Biden signed three executive orders that take steps to further unwind the Trump...

January 26, 2021

In a blow to the Biden administration, a federal judge in Texas has ordered the Department of Homeland Security (DHS) not to enforce its moratorium on deportations. President Biden had instructed...

January 22, 2021

On his first day in office, President Biden took significant steps towards undoing the harm of the Trump administration’s immigration policies—and reforming our punitive and inhumane enforcement...

January 11, 2021

Five years ago, Donald Trump descended an elevator and declared that Mexico was sending rapists and “bringing crime” across the border. Now, while America still reels from the deadly...

October 8, 2017
The White House released its long anticipated, "Immigration Principles and Policies," which lay out many of the already-stated aspirations of the Trump administration on immigration. The laundry list represents a wholesale attack on immigration and immigrants. It includes not only limits on immigration generally, but enables mass deportations and envisions bypassing necessary procedures that protect children and asylum seekers.
September 26, 2017
The issues addressed in the complaint are of immediate concern given the Trump administration’s executive orders directing ICE to dramatically expand immigration enforcement actions and increase the number of individuals subject to immigration detention.
August 16, 2017
The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum.
July 12, 2017

Washington D.C. - Today an immigrant rights group and several asylum seekers filed a class action lawsuit against officials at the U.S. Department of Homeland Security and U.S.

June 28, 2017
A U.S. District Court condemned the federal government for continuing to disregard critical protections for children in detention.
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.
October 13, 2021

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) need to establish clear guidance for when ICE should release someone from detention. So far, the Biden...

October 13, 2021

The Biden administration just took a significant step toward reining in U.S. Immigration and Customs Enforcement (ICE). Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued a...

Publication Date: 
October 11, 2021
The American Immigration Council joins a coalition letter that calls on the Biden administration to terminate local detention contracts and halt all other efforts to expand the ICE detention system...
October 8, 2021

In September, nearly 15,000 Haitians arrived near Del Rio, Texas seeking asylum in the United States. But rather than allowing them to seek protection, as is their right under United States law,...

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...

Publication Date: 
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.
Publication Date: 
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...

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending