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

Last modified: 
July 12, 2023
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July 13, 2023
The American Immigration Council and partners filed an administrative complaint with the with the Department of Homeland Security's oversight bodies urging immediate investigation into the misuse of...
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June 2, 2023
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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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May 3, 2023
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May 3, 2023
America needs durable solutions. These concrete measures can bring orderliness to our border and modernize our overwhelmed asylum system.
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January 10, 2023
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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...
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August 9, 2022
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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...
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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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July 11, 2023
This 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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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.
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.
This lawsuit, filed on behalf of several individuals and the Farmworker Association of Florida, challenges Section 10 of Florida’s new anti-immigrant law, Senate Bill 1718.
This FOIA request seeks information on CBP’s treatment of asylum seekers and their access to inspection appointments scheduled via CBP One, revealing potential violations of their rights.
In 2021, the Biden administration issued policy guidance on how ICE should carry out immigration enforcement. This report is a breakdown of how ICE carried out these policies.
The Council is seeking monetary damages on behalf of six asylum-seeking mothers and their children for the trauma they suffered when torn apart under the Trump Administration’s family separation policy.
This case challenges the punitive practice of keeping asylum seekers in custody for weeks or months without access to credible fear interviews or bond hearings and the lack of basic procedural protections—like hearing transcripts and written decisions—in bond hearings, as well as whether asylum seekers must bear the burden of proof in bond proceedings.
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.
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January 30, 2023
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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.
Last modified: 
August 22, 2023
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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).
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December 13, 2022
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December 13, 2022
Our comprehensive guide on obtaining detention records provides a brief overview of FOIA requirements, information about the types of records government agencies possess, tips about how to request those records, and an overview of what to expect after submitting the request.
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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.
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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.
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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.
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July 11, 2019
These template materials will assist attorneys representing individuals with final removal orders issued by the Executive Office for Immigration Review.
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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.
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February 27, 2019
This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens.
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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.
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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.
September 21, 2023

In the summer of 2020, after George Floyd’s murder, racial justice protests took hold in cities throughout the country. The massive mobilization reflected a nationwide groundswell of opposition to...

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...

July 21, 2023

“I never thought I’d say there’s anything worse than ICE custody, but this is it.” That’s an immigration attorney in San Diego talking to CNN about the shelter facilities run by U.S. Customs and...

July 19, 2023

At the direction of Governor Ron DeSantis, Florida has made it a felony to transport a person into the state who hasn’t been inspected by immigration authorities. Effective July 1, driving a broad...

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.
July 17, 2023
Legal organizations filed a federal lawsuit challenging Florida’s new anti-immigrant law, Senate Bill 1718.
July 13, 2023
Immigration advocacy groups filed a complaint with DHS' oversight bodies urging an investigation into the increased use and misuse of solitary confinement at the Denver Contract Detention Facility in Aurora, Colorado.
July 1, 2023
The Southern Poverty Law Center, American Civil Liberties Union, ACLU of Florida, Americans for Immigrant Justice, and American Immigration Council have announced they will file a federal lawsuit challenging Florida’s draconian Senate Bill 1718, which goes into effect, July 1.
June 28, 2023
Newly analyzed government data exposes the discrepancy between U.S. Immigration and Customs Enforcement's actions and its own guidelines.
June 23, 2023
The U.S. Supreme Court held in an 8-1 decision that states do not have the authority to challenge the executive branch’s authority to establish enforcement priorities.
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.
Last modified: 
September 20, 2023
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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.
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September 7, 2023
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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.
July 17, 2023
Legal organizations filed a federal lawsuit challenging Florida’s new anti-immigrant law, Senate Bill 1718.
This lawsuit, filed on behalf of several individuals and the Farmworker Association of Florida, challenges Section 10 of Florida’s new anti-immigrant law, Senate Bill 1718.

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