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.

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All Enforcement Content

April 17, 2012
In April 2012, the Department of Homeland Security (DHS) Office of Inspector General (OIG) released two long-awaited reports on the Secure Communities Program: Operations of United States...
April 11, 2012
Discretion takes many forms throughout the immigration enforcement process. Every removal of a noncitizen from the United States, for example, reflects a series of complex choices which reflect...
April 1, 2012
Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its operation...
February 23, 2012
As federal officers, U.S. Customs and Border Patrol agents may only exercise the authority granted under federal statutes and regulations. This fact sheet provides a snapshot of search, interrogation...
February 16, 2012
What You Need to Know if Your State is Considering Anti-immigrant Legislation...
February 6, 2012
By Michele Waslin The day that Alabama’s draconian anti-immigrant law...
November 29, 2011
The Secure Communities Program, which launched in March 2008, has been held out as a simplified model for state and local cooperation with federal immigration enforcement. This fact sheet lays out...
November 29, 2011
This paper describes the Secure Communities program, identifies concerns about the program’s design and implementation, and makes recommendations for the future of the program.
November 9, 2011
Although key provisions of Alabama’s HB 56 are on hold while its constitutionality is being tested in the courts, evidence is mounting of the growing fiscal and economic impact of the new law. State...
November 8, 2011
(Updated November 2011) - Arizona’s infamous anti-immigrant law, SB 1070, has spawned many imitators. In a growing number of state houses around the country, bills have been passed or...
The requests ask for policies, guidelines, or procedures followed or used by the governmental agencies to address the processing and treatment of families at the U.S.-Mexico border and specifically, the separation of adult family members from minor children and the criminal prosecution of adult family members.
March 7, 2018
This policy document describes the legal liabilities local governments face when they honor ICE requests, known as “detainers,” to hold individuals past the completion of their criminal custody until immigration agents take them into administrative custody.
This lawsuit challenges the actions of immigration judges in Charlotte, North Carolina who have refused to conduct bond hearings for people who properly file bond motions with the Charlotte Immigration Court.
December 11, 2017
The practice of dividing families raises Constitutional due process concerns under the Fifth Amendment, violates United States’ obligations under international law, and contravenes voluminous evidence maintaining that family separation is not in the best interest of the child.
This lawsuit seeks to compel CBP to disclose the requested records concerning USBP agents’ practices.
October 13, 2017

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

September 26, 2017

The American Immigration Council, in collaboration with the American Civil Liberties Union (ACLU), American Immigration Lawyers Association (AILA), Women’s Refugee Commission (WRC), and others...

Asylum seekers are being illegally turned away by Customs and Border Protection officers. We're suing.
This case stems from Immigration and Customs Enforcement's (ICE) decision to bar Caroline Perris, a full-time legal assistant with the Dilley Pro Bono Project (DPBP), from entering the South Texas Family Residential Center in Dilley, Texas.
May 25, 2017
This petition, jointly filed by the Council and the American Immigration Lawyers Association, seeks to provide access to legal counsel for the following individuals.
March 9, 2020

Spread of the new coronavirus, COVID-19, has caused panic across the United States. With the number of confirmed cases on the rise, the coronavirus has started to affect several facets of...

March 2, 2020

The Supreme Court affirmed the dismissal of a lawsuit seeking damages from a U.S. Border Patrol agent who shot and killed a teenager across the U.S.-Mexico border. With this latest decision in the...

February 25, 2020

The Greyhound bus company announced it will no longer allow Border Patrol agents to conduct warrantless checks for people in the country without authorization. This reverses the company’s policy...

February 21, 2020

The U.S. Department of Homeland Security (DHS) has been targeting U.S. citizens’ foreign spouses when they apply for legal immigration status. Earlier this month, a federal judge in Maryland put a...

February 20, 2020

A federal court found on Wednesday that U.S. Border Patrol may not detain migrants held in its facilities in Arizona’s Tucson Sector longer than 48 hours without providing for their “basic human...

February 19, 2020

U.S. Immigration and Customs Enforcement (ICE) plans to destroy thousands of records documenting horrific treatment of immigrants in the agency’s custody. The records contain vital details about...

February 18, 2020

The Trump administration is continuing to wage an escalating war on so-called sanctuary jurisdictions across the country. This is part of an ongoing campaign to coerce state and local governments...

February 14, 2020

U.S. Customs and Border Protection (CBP)—the largest law enforcement agency within the Department of Homeland Security, with tens of thousands of officers charged with policing our borders—is...

February 13, 2020

A federal judge in Arizona reversed convictions of four volunteers of the humanitarian aid group No More Deaths last week. No More Deaths is an Arizona-based group that works to end death and...

February 10, 2020

The Trump administration is cracking down on New York over its refusal to share residents’ driver’s license records with immigration authorities. Now, the Department of Homeland Security (DHS) has...

June 20, 2018
President Donald Trump signed an executive order today to try to stem criticism of his family separation policy. He has offered an unacceptable alternative: imprisoning mothers and fathers with their children.
June 7, 2018
José Crespo Cagnant filed a lawsuit to hold the government accountable for abusive, unlawful conduct and depriving him of an opportunity to apply for asylum.
June 4, 2018
The complaint, filed on behalf of individuals who are and were detained at the Aurora facility, highlights the ways in which weak, insufficient medical practices threaten the health and well-being of detainees and directly impact their ability to pursue their immigration and asylum claims.
May 7, 2018
Attorney General Jeff Sessions and Immigration and Customs Enforcement acting Director Thomas Homan announced today that the Department of Justice and Department of Homeland Security will be stepping up prosecutions of individuals along the southern border—likely resulting in the criminalization of asylum seekers and more family separation.
May 3, 2018
Through this request, the organizations seek more information regarding the treatment of pregnant individuals held in Immigration and Custom Enforcement custody and any system used to track and monitor pregnant detainees.
March 29, 2018
The practice of detaining pregnant women is inhumane and unsafe.
January 18, 2018
The lawsuit challenges the practice of three of the four sitting immigration judges in the Charlotte Immigration Court who refuse to conduct bond hearings—even though they are required to do so—and are consequently prolonging the detention of bond-eligible individuals for several weeks.
January 12, 2018
The Immigration Justice Campaign (Justice Campaign), a joint initiative between the American Immigration Lawyers Association (AILA) and the American Immigration Council (Council), and the Rocky Mountain Immigrant Advocacy Network (RMIAN), located in Westminster, Colorado, announce their partnership to increase pro bono representation for individuals in immigration detention in Colorado.
December 11, 2017
A complaint on behalf of family members who have been forcibly separated while in custody at the southern border of the United States was filed with the Department of Homeland Security’s Office of the Inspector General and Office of Civil Rights and Civil Liberties.
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.
July 28, 2020
The U.S. Department of Homeland Security released today a memo on the Deferred Action for Childhood Arrivals initiative that would deny all pending and future initial requests for DACA and reject all pending and future applications for advance parole absent exceptional circumstances. It would also shorten DACA renewals and the accompanying work authorization to one-year, rather than a two-year period.
July 27, 2020

The May 25 killing of George Floyd by Minnesota police officers rightly sparked public outrage and protests throughout the United States. In response, the Trump administration deployed federal...

The Freedom of Information Act (FOIA) request demands records regarding all CBP deployments to U.S. cities during the protests of George Floyd's death.
July 21, 2020

The American Immigration Council signed on to a letter calling on Congress to demand greater transparency from Immigration and Customs Enforcement regarding Cameroonian and other Black...

July 20, 2020

U.S. Immigration and Customs Enforcement (ICE) announced last week that it was launching a “Citizens Academy” in Chicago. The move justifiably generated everything from confusion to anger and fear...

July 17, 2020

The American Immigration Council joined a letter to the U.S. Department of Homeland Security calling on the release of all families held at all three Immigration and Customs...

July 16, 2020

Another man has died in immigration detention from COVID-19. His tragic and avoidable death marks the deadly end to a jail-to-deportation pipeline that disproportionately targets Black and Brown...

July 14, 2020

In a blow to government transparency, the Trump administration has decided to designate Immigration and Customs Enforcement (ICE) a “security/sensitive agency.” The move further shields ICE from...

July 9, 2020

Even as President Trump downplays the threat of COVID-19, the Trump administration is using the pandemic as a pretext to bar more people from asylum in the United States. While the proposal is...

July 8, 2020

The House Appropriations Subcommittee on Homeland Security introduced their proposed budget for Fiscal Year 2021 (beginning October 1, 2020) this week. The budget would have significant...

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