Enforcement

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All Enforcement Content

Publication Date: 
August 23, 2021
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-...
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July 8, 2021
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...
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June 24, 2021
Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
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May 20, 2021
This report analyzes the Biden administration's 100 days progress in reforming immigration enforcement and recommendations for how to best move forward.
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March 16, 2021
This fact sheet provides an overview of “aggravated felonies” under federal immigration law and the immigration consequences of being convicted of an “aggravated felony.”
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February 26, 2021
This fact sheet draws from original data gathered from hundreds of community-organizations around the country and provides a snapshot of the extent of available services that help migrants navigate...
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February 10, 2021
This report presents a historical overview of how U.S. Border Patrol has been steeped in institutional racism and has committed violent acts with near impunity since its founding nearly 100 years ago...
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January 28, 2021
This analysis of data provided by the federal government reveals that 83% of all nondetained immigrants with completed or pending removal cases attended all their hearings from 2008 to 2018.
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January 26, 2021
U.S. immigration agencies use a range of programs to deport—or remove—certain noncitizens from the United States. Under the Trump administration, the Department of Homeland Security (DHS) and two of...
Publication Date: 
January 20, 2021
Since the creation of the Department of Homeland Security in 2003, the federal government has spent an estimated $324 billion on the agencies that carry out immigration enforcement.
September 7, 2021
This amicus brief addresses whether 8 U.S.C. § 1252(a)(2)(B)(i) precludes judicial review over eligibility determinations for certain forms of discretionary relief from removal for non citizens.
August 27, 2021
The Council submitted an amicus brief explaining why ICE should release usable immigration data. The amicus brief was filed in a case where the ACLU is seeking information about how individuals are impacted by ICE enforcement practices.
August 23, 2021
This amicus brief urges the Supreme Court to stop the reinstatement of the Migrant Protection Protocols (MPP), and halt the lower court's poorly reasoned and factually flawed decision.
August 18, 2021
This brief highlights the court's many factual errors about MPP in its decision to reinstate the program.

What is CBP One and why is it concerning?

Customs and Border Protection (CBP) launched a new app that can be downloaded on mobile devices called CBP One. According to the agency, CBP One...

This Freedom of Information Act lawsuit seeks to uncover information about the databases and systems that Department of Homeland Security (DHS) agencies use in immigration enforcement.
May 27, 2021
The amicus brief in Ayom v. Garland urges the eighth circuit to affirm that mandatory detention has constitutional limits, and reject the endorsement of prolonged mandatory detention for people in removal proceedings.
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.
The Council filed multiple Freedom of Information Act requests to unearth the systems that the government uses in immigration enforcement and the data it collects.
The Council and Advocates for Basic Legal Equality have launched an investigation into the abusive practices of CBP officers and cooperation with local law enforcement in Ohio.
August 1, 2017
This Practice Advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by Customs and Border Protection officers.
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.

July 8, 2022

Since President Biden took office, he has faced attacks on his handling of the border from Governors Greg Abbott of Texas and Ron DeSantis of Florida. Both states brought lawsuits against Biden’s...

June 30, 2022

Almost a year after the Supreme Court allowed a federal judge in Texas to order the Biden administration to restart the so-called “Migrant Protection Protocols” (MPP), the Supreme Court ruled in...

June 27, 2022

The House Appropriations Committee on Friday passed the Department of Homeland Security (DHS) funding bill for Fiscal Year 2023, as part of the year-over-year process that Congress undertakes to...

June 10, 2022

The Supreme Court issued a decision on Wednesday barring a civil rights lawsuit against a U.S. Border Patrol agent for reportedly entering the property of a U.S. citizen without a warrant and...

May 23, 2022

Just three days before Title 42 was set to end on May 23, a federal judge in Louisiana blocked the Centers for Disease Control and Prevention (CDC) from ending the controversial policy. With the...

May 10, 2022

U.S. Customs and Border Patrol (CBP) announced in a May 6 memorandum that it would eliminate its Border Patrol Critical Incident Teams (BPCITs). The teams have faced criticism for their secretive...

April 28, 2022

A federal court in Louisiana issued an order on Wednesday temporarily preventing the Biden administration from winding down Title 42, the controversial public health policy that allows immigration...

April 26, 2022

Over three years after the Migrant Protection Protocols (MPP) went into effect, the Supreme Court finally heard oral arguments in a case about the program, also known as the “Remain in Mexico”...

April 22, 2022

Less than a week after the Biden Administration announced the impending end to the COVID-era Title 42 border policy, Texas Governor Greg Abbott escalated his ongoing political fight with the Biden...

April 12, 2022

The Centers for Disease Control and Prevention (CDC) announced in early April that it would end Title 42, the pandemic border policy that allowed immigration officials to rapidly “expel” migrants...

January 12, 2022
Immigration advocacy groups filed a FOIA lawsuit against ICE requesting ICE’s internal records on preapproval authorizations for enforcement actions against individuals who do not meet the criteria outlined in the Biden-Harris administration’s interim enforcement priorities.
December 21, 2021
The American Immigration Council filed a FOIA lawsuit against CBP requesting information about the agency’s implementation of CBP One— an app designed to help process individuals entering the United States including asylum seekers—that has raised concerns among immigration and privacy advocates.
November 30, 2021
Immigration advocacy groups filed a FOIA lawsuit against U.S. Immigration and Customs Enforcement requesting ICE’s internal reports on enforcement activities and removals under the Biden-Harris administration’s interim enforcement priorities.
October 29, 2021
The Biden administration announced that DHS will issue a new memo to formally terminate the Migrant Protection Protocols. It is an important step towards ensuring that the MPP program never returns.
October 15, 2021
The Biden administration announced today that the U.S. Department of Homeland Security plans to revive and reimplement the Migrant Protection Protocols by mid-November. The Council believes that plans to restart the program is a betrayal of the president’s campaign promises and a sign that this administration is failing to reenvision border management and the way that we treat asylum seekers.
October 14, 2021
The American Immigration Council and 29+ organizations urged DHS—in a letter offering factual and legal recommendations on how to end the Migrant Protection Protocols—to fully and forcefully acknowledge the humanitarian and legal catastrophe caused by MPP.
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 2, 2021
A federal judge declared unlawful the U.S. government’s turnbacks of asylum seekers arriving at ports of entry along the U.S southern border. The court ruled that the United States is required by law to inspect and process asylum seekers when they present themselves at ports of entry, and condemned the practice of denying access to the asylum process through metering and similar practices.
September 1, 2021
Immigrant rights advocates released a statement after presenting oral arguments before U.S. District Court of the Southern District of California, where they urged the court to declare unlawful and permanently end the Trump-era turnback policy.
August 24, 2021
The U.S. Supreme Court refused to stay a ruling from a lower Texas court that would force the Biden administration to revive the Migrant Protection Protocols.
Last modified: 
June 30, 2022
Publication Date: 
June 30, 2022
The American Immigration Council and 102 other organizations urge the Department of Homeland Security paroled into the United States and give assistance in applying for protection to survivors of the...
June 30, 2022
The U.S. Supreme Court allows the Biden administration’s efforts to terminate the Migrant Protection Protocols—an illegal Trump-era policy that sent thousands of people seeking humanitarian protection to dangerous areas of Mexico to await their asylum hearings.
June 28, 2022
At least 50 people were found dead yesterday in a tractor-trailer near Lackland Air Force Base in San Antonio. This tragedy appears to be the deadliest migrant-smuggling operation in U.S. history, following the deadliest year on record for the border.
This Freedom of Information Act (FOIA) request seeks to compel U.S. Immigration and Customs Enforcement to publish information on its website about how the public can pay bonds and secure the release of a loved one from ICE detention.
Last modified: 
May 25, 2022
Publication Date: 
October 15, 2021
The United States has long guaranteed the right to seek asylum to individuals who arrive at our southern border and ask for protection. But since March 20, 2020, that fundamental right has been...
September 23, 2022

The Republican governors of Texas, Arizona, and now Florida are playing a cynical political game with the lives of migrants—including many asylum seekers fleeing persecution. Officials in these...

September 22, 2022

Written by Joseph Meyers, Staff Attorney at the National Immigration Project A group of immigrant advocacy organizations filed an amicus brief in United States v. Texas last week, in which they...

September 7, 2022

There is no doubt that fentanyl is a major problem inside the United States. Over the last decade, rising availability of fentanyl has caused a spike in overdose deaths across the nation. In 2021...

September 6, 2022

Border Patrol agents in Arizona have been confiscating and not returning the turbans worn by Sikh asylum seekers as part of their religion. Immigrant advocates and members of Congress have pointed...

August 18, 2022

As midterm election season heats up, House Republicans on the “American Security Task Force” have produced a new framework for what they say is a plan to “secure the border.” Despite the claim of...

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