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

Last modified: 
August 9, 2022
Publication Date: 
August 9, 2022
This fact sheet provides an explanation on how noncitizens may find themselves facing deportation from the country, how the removal proceeding may look, what types of relief can be sought after a...
Last modified: 
July 18, 2022
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July 18, 2022
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...
Last modified: 
May 25, 2022
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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...
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May 16, 2022
This fact sheet describes the organizational structure of immigration detention oversight, the standards by which detention centers are governed, where to file complaints regarding ICE detention, and...
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May 3, 2022
This research brief highlights the key role that new Americans are playing in Utah as participants in the state’s workforce, taxpayers, consumers, entrepreneurs, international students, and more.
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March 17, 2022
This new fact sheet provides an overview of the wide range of programs that provide alternatives to detention (ATDs) and run the gamut from no governmental intervention to extensive surveillance and...
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March 4, 2022
This Council fact sheet provides an overview and analysis of border encounters and border apprehensions in 2021.
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January 7, 2022
Under the “Migrant Protection Protocols”, individuals who arrive at the southern border and ask for asylum (either at a port of entry or after crossing the border between ports of entry) are given...
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December 9, 2021
This fact sheet provides an overview on CBP One, a mobile app developed to streamline interaction between travelers and CBP officers at ports of entry using technology which includes GPS tracking and...
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November 29, 2021
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
This FOIA lawsuit seeks to compel U.S. Immigration and Customs Enforcement (ICE) to provide information about the agency’s treatment of Haitian nationals detained at the Torrance Detention Facility.
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.
March 28, 2022
In the amicus brief filed with the Third Circuit Court of Appeals, the Council argues that the exclusionary rule in criminal proceedings should apply to evidence related to identity, because it is an essential deterrent to ICE’s widespread racially discriminatory enforcement practices.
This FOIA lawsuit seeks records about Border Patrol activities at the Sandusky Bay Station located in northern Ohio to improve the public’s understanding of CBP’s enforcement practices at northern U.S. borders, including cooperation with local law enforcement.
These FOIA requests seek records from ICE and EOIR about treatment of Haitian immigrants at the Torrance County Detention Facility in Estancia, New Mexico.
This FOIA Lawsuit seeks to compel CBP to release information about its implementation of CBP One, an app designed to streamline interactions between CBP officers and travelers, including asylum seekers, that has raised concerns amongst advocates.
This FOIA lawsuit seeks to compel DHS and ICE to disclose the weekly reports ICE was required to produce about their enforcement activities and removals pursuant to the DHS’ January 20 and February 18 memos establishing new immigration enforcement priorities.
This FOIA suit seeks to compel ICE to release information about conditions, treatment, and outcomes in eight immigration detention facilities in the U.S. South.
September 10, 2021
In the amicus brief filed with the Supreme Court of Michigan, the Council and partners reject Calhoun County's position to withhold records that otherwise would be released under the Michigan state FOIA.
This FOIA requests effort seeks records on ICE reports about its enforcement activities, whether the people arrested by ICE fit into the DHS’s enforcement priorities, and information about instances when officers pursued enforcement actions against individuals who would not be considered priorities for immigration enforcement.
April 25, 2022
This practice advisory identifies who falls under the classification of “arriving noncitizens,” discusses the regulations delineating USCIS vs. EOIR jurisdiction over adjustment applications of arriving noncitizens in removal proceedings and suggests strategies to facilitate the adjustment of status of eligible parolees in removal proceedings before they are removed.
July 19, 2021
This practice advisory provides an overview of the Supreme Court’s decision in Bivens, the benefits and risks of bringing a Bivens claim, and practical and legal information about filing a Bivens claim in federal court.
April 22, 2020
This practice advisory discusses the standards of review that the Board of Immigration Appeals is required to employ when it reviews appeals of immigration judge decisions.
July 11, 2019
These template materials will assist attorneys representing individuals with final removal orders issued by the Executive Office for Immigration Review.
July 3, 2019
Immigration courts must continue to provide bond hearings to individuals fleeing persecution who enter the United States without inspection, are placed in expedited removal proceedings, and pass their credible fear interviews.
May 23, 2019
This practice advisory provides an overview of the reinstatement statute and implementing regulations, including how the Department of Homeland Security (DHS) issues and executes reinstatement orders.
February 27, 2019
This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens.
September 11, 2017
This practice advisory addresses the TPS recipients who are most likely to benefit from Ramirez and Flores; other general categories of family and employment-based adjustment applicants who benefit from these two decisions; and options that may be available to TPS recipients who do not live within these two circuits.
August 1, 2017
This Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law.
August 1, 2017
This Practice Advisory discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained through constitutional violations by state and local officers seeking to enforce immigration law.
August 10, 2022

The lack of a major overhaul in the United States’ immigration system for roughly thirty years has created an ecosystem where states have attempted to insert their authority over immigration,...

August 2, 2022

For almost two decades, asylum seekers taken into Border Patrol custody who passed a “credible fear” interview have been eligible to seek release from detention on bond while they go through the...

July 25, 2022

In a blow to the Department of Homeland Security’s attempts to set priorities for immigration enforcement, late last week the Supreme Court of the United States decided 5-4 to deny a request from...

July 20, 2022

U.S. Immigration and Customs Enforcement (ICE) recently announced a new directive aimed at preserving family unity and the parental rights of noncitizens. The directive, “Interests of Noncitizen...

July 12, 2022

U.S. Customs and Border Protection (CBP) has concluded in a new report that Border Patrol agents on horseback did engage in the “unnecessary use of force” against Haitian migrants entering the...

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...

July 11, 2022
New research on released today by the American Immigration Council–in partnership with the Texas Association of Business and the Texas Business Leadership Council–underscores the crucial role immigrants in Texas play in some of the state’s fastest growing and most in demand fields.
July 7, 2022
In a dangerous defiance of federal authority over immigration law, Texas Governor Greg Abbott issued an executive order declaring an "invasion” at the border and authorizing the Texas National Guard and the Texas Department of Public Safety to return migrants into custody for violations of federal law and then transport them to a border port of entry.
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.
April 1, 2022
The Biden administration announced today plans to end a border expulsions policy known as Title 42 by May 23. This policy allowed the U.S. government to turn people away at the U.S southern border over 1.7 million times in the past two years under the guise of protecting the country from COVID-19.
March 25, 2022
U.S. Immigration and Customs Enforcement (ICE) announced that it will close or scale back four detention facilities over concerns about conditions at those centers.
March 18, 2022
In a damning report citing unsafe and unsanitary conditions at the Torrance County Detention Facility in New Mexico released today by DHS's oversight body urged ICE to immediately remove and relocate people detained at the ICE immigration detention center located in Estancia, New Mexico.
January 19, 2022
President Biden announced a welcoming and inclusive vision for immigration in a legislative proposal and a series of executive actions signed on his first day in office. But one year into Biden’s presidency, his promises on immigration remain unfulfilled.
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.
Last modified: 
August 9, 2022
Publication Date: 
August 9, 2022
This fact sheet provides an explanation on how noncitizens may find themselves facing deportation from the country, how the removal proceeding may look, what types of relief can be sought after a...
This FOIA lawsuit seeks to compel U.S. Immigration and Customs Enforcement (ICE) to provide information about the agency’s treatment of Haitian nationals detained at the Torrance Detention Facility.
Last modified: 
July 19, 2022
Publication Date: 
July 19, 2022
The American Immigration Council joined over 156 organizations urging the Department of Homeland Security to protect the right to abortion after the U.S. Supreme Court's decision reversing the right...
Last modified: 
July 18, 2022
Publication Date: 
July 18, 2022
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...
Last modified: 
July 15, 2022
Publication Date: 
July 15, 2022
The American Immigration Council opposed the inclusion of a legislative provision that would codify into law an indefinite extension of the controversial and harmful Title 42 policy.
July 11, 2022
New research on released today by the American Immigration Council–in partnership with the Texas Association of Business and the Texas Business Leadership Council–underscores the crucial role immigrants in Texas play in some of the state’s fastest growing and most in demand fields.
July 7, 2022
In a dangerous defiance of federal authority over immigration law, Texas Governor Greg Abbott issued an executive order declaring an "invasion” at the border and authorizing the Texas National Guard and the Texas Department of Public Safety to return migrants into custody for violations of federal law and then transport them to a border port of entry.
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.

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