Enforcement

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

Recent Features

All Enforcement Content

Publication Date: 
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 4, 2022
This Council fact sheet provides an overview and analysis of border encounters and border apprehensions in 2021.
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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.
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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...
This Lawsuit seeks to compel ICE to comply with the Freedom of Information Act (FOIA) and publish bond processing procedures that must be followed to obtain the release of individuals in detention.
Last modified: 
January 30, 2023
Publication Date: 
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.
The requested records will shed light on CBP's practices with respect to granting and extending humanitarian parole and the agency's determinations regarding which addresses to include on immigration paperwork.
This lawsuit challenges ICE's policies that have made it extremely difficult—and in many cases impossible—for people in immigration detention to access their attorneys.
These Freedom of Information Act (FOIA) requests seek records from U.S. Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) about treatment of Haitian immigrants.
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.
Publication Date: 
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.
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.
Publication Date: 
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.
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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.
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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.
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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.
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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.

Publication Date: 
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.

October 6, 2023

Corruption within U.S. Custom and Border Protection’s workforce often has been hidden behind bureaucratic red tape. But what was once shrouded in mystery is now plainly available—on CBP’s own...

September 28, 2023

A recent Board of Immigration Appeals (BIA) decision bars certain recently arrived noncitizens from becoming lawful permanent residents. In Matter of Cabrera-Fernandez, the BIA held that the...

September 21, 2023

Co-Authors: Emily Creighton and Tsion Gurmu In the summer of 2020, after George Floyd’s murder, racial justice protests took hold in cities throughout the country. The massive mobilization...

September 14, 2023

Since President Biden took office, Texas Governor Greg Abbott has been escalating both rhetoric and action in response to a rise in migration across the Rio Grande. Right now, challenges to his...

September 8, 2023

“There should be no private prisons, period, none, period. And we are working to close all of them.” Those are the words of President Joe Biden in April 2021, when he was called out by immigrant...

August 17, 2023

On Thanksgiving Day 2017, U.S. Immigration and Customs Enforcement (ICE) officers arrested Kamyar Samimi—a lawful permanent resident with a decade-old conviction for drug possession—and sent him...

August 10, 2023

On April 8, a family came to the San Ysidro port of entry in Tijuana and asked to be let into the United States to seek asylum. The husband’s arm was bleeding. He’d been shot. The cartel that had...

August 9, 2023

The Biden administration has officially reinstated its enforcement guidelines for U.S. Immigration and Customs Enforcement (ICE). The move comes after the Supreme Court reaffirmed the federal...

July 28, 2023

On Tuesday, a federal judge ruled that the Biden administration’s asylum transit ban was illegal and should be vacated. The ruling isn’t in effect yet – it was delayed for 14 days and may be...

May 10, 2023
The Biden administration announced the implementation of an asylum transit ban that will penalize asylum seekers who don’t apply for protection in other nations they transit through on their way to the United States.
February 21, 2023
The U.S. Department of Justice and the U.S. Department of Homeland Security released a Notice of Proposed Rulemaking that will implement a new asylum transit ban—one of the most restrictive border control measures to date under any president.
May 3, 2023
The American Immigration Council released a new vision and blueprint for the border that highlights the need for a modern and functional system of humanitarian protection and border management in the United States.
April 18, 2023
The American Immigration Council responds to the new Menendez Plan which proposes humane and effective solutions for managing migration at the border.
April 10, 2023
Members of Congress, Faith Leaders, and Pediatricians Join Tens of Thousands of People Demanding Rescission of Biden Asylum Transit Ban.
February 21, 2023
The American Immigration Council responds to the Notice of Proposed Rulemaking by the U.S. Department of Justice and the U.S. Department of Homeland Security on the implementation of a new asylum transit ban.
February 7, 2023
The American Immigration Council released new research, The Growing Demand for Healthcare Workers in Utah, which underscores the crucial role immigrants play in some of the state’s fastest growing and most in demand healthcare fields.
January 5, 2023
The American Immigration Council responds to new announced a series of border policy reforms, including a variant of President Trump's asylum "Transit Ban", from the Biden administration.
December 8, 2022
The Council alongside other advocates has filed a lawsuit under the Freedom of Information Act (FOIA) to compel U.S. Immigration and Customs Enforcement (ICE) to publish on its website guidelines and procedures explaining how the agency processes bonds for the release of individuals in detention.
November 29, 2022
In response to the Supreme Court of the United States hearing oral arguments in the case, U.S. v. Texas -- a dispute over the Biden Administration’s authority to set immigration policy, the American Immigration Lawyers Association (AILA) and the American Immigration Council (AIC) have issued the following statement.
Last modified: 
September 20, 2023
Publication Date: 
September 20, 2023
The American Immigration Council appeared before Congress to address the economic contributions of immigrants in the U.S. and the American economic system.
Protestors raise their hands in solidarity outside of the Fifth Police Precinct in Minneapolis in response to the death of George Floyd
Our new, joint report shows that CBP often got involved in policing protests without being asked by city or state officials, and that its actions went beyond its supposed mandate to protect federal property.
September 19, 2023

The American Immigration Council joined 45 other organizations in calling on the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and...

Last modified: 
September 7, 2023
Publication Date: 
September 7, 2023
The Council and the American Immigration Lawyers Association comment on DHS's Interim Final Rule on its plan to electronically serve bond-related notifications to obligors to release immigration...
Last modified: 
August 22, 2023
Publication Date: 
August 22, 2023
This practice advisory looks into the decision by the U.S. Supreme Court issued in Pugin v. Garland, 143 S. Ct. 1833 (2023). This immigration decision addressed the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S).
August 10, 2023
El miércoles, un grupo de solicitantes de asilo presentó una petición para bloquear la política ilegal de la administración Biden de rechazar a las personas que buscan asilo en los puertos de entrada a lo largo de la frontera con Estados Unidos.
August 10, 2023
On Wednesday a group of asylum seekers moved to block the Biden administration’s unlawful policy of turning back people seeking asylum at ports of entry along the southern border.
August 8, 2023
Legal organization filed a motion for a preliminary injunction to block Section 10 of Florida’s draconian anti-immigrant law, Senate Bill 1718.
This lawsuit challenges the federal government’s border-wide policy and practice of turning back asylum seekers without a CBP One appointment at ports of entry.
This Freedom of Information Act (FOIA) lawsuit seeks information on a $10 million appropriation made to improve legal access in detention.

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