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

Publication Date: 
October 21, 2020
Sanctuary policies do not conceal or shelter unauthorized immigrants from detection. Here's what you need to know about these policies.
Publication Date: 
September 30, 2020
This report identifies disruptions throughout the immigration system because of the COVID-19 pandemic and makes recommendations for improvements to the federal government’s response.
Publication Date: 
January 2, 2020
This fact sheet describes the populations, duration, and conditions for noncitizens detained in the United States by department.
Publication Date: 
September 13, 2019
This fact sheet gives a brief overview of the process individuals must undergo to seek release from immigration detention.
Publication Date: 
September 6, 2019
The fact is that building a fortified and impenetrable wall between the United States and Mexico is unnecessary, complicated, ineffective, expensive, and would create a host of additional problems.
Publication Date: 
July 22, 2019
Expedited removal is a process by which low-level immigration officers can quickly deport certain noncitizens who are undocumented or have committed fraud or misrepresentation.
Publication Date: 
July 1, 2019
To better understand the changing interior enforcement trends under the Trump administration, this report analyzes individual-level data on immigration enforcement outcomes.
Publication Date: 
December 5, 2018
This analysis reveals that individuals detained by U.S. Immigration and Customs Enforcement were commonly held in privately operated and remotely located facilities, far away from basic community...
Publication Date: 
September 6, 2018
The Legal Orientation Program (LOP) offers legal education, as well as referrals for free and low-cost legal counsel, to noncitizens in immigration detention.
Publication Date: 
August 16, 2018
This report presents findings from the first empirical analysis of asylum adjudication in family detention. Drawing on government data from over 18,000 immigration court proceedings initiated between...
February 26, 2021
In the amicus brief, the Council and partners reject Calhoun County's position to withhold records that otherwise would be released under the Michigan state FOIA.
This Freedom of Information Act lawsuit calls on CBP to release records documenting the agency’s aggressive and militarized response to the provision of humanitarian aid.
February 12, 2021
The Council submitted this declaration in support of the ACLU's defense of the Biden Administration's moratorium on deportations. This declaration explains how the removal and detention system works.
November 12, 2020
The amicus brief in Pham v. Guzman Chavez urges the Supreme Court to find that the pre-final order detention statute applies to detained noncitizens with prior removal orders who have meritorious claims for a form of humanitarian protection known as withholding of removal.
U.S. Customs and Border Protection may have mistreated migrant children when implementing the Centers for Disease Control and Prevention interim final rule that suspends people from entering the United States due to the COVID 19 pandemic.
Given the agency’s history of civil and human rights abuses that have largely gone unchecked, and the possibility of continued deployments, there is an urgent need for further information about CBP’s participation in these law enforcement efforts.
October 22, 2020
The brief argues that DHS’ service practices for MPP tear sheets deny respondents their statutory right to notice of the time and place of their removal proceedings, their statutory right to a full and fair hearing, and, consequently, due process of law.
This Freedom of Information Act request seeks to uncover Customs and Border Protection’s actions and further expose its militarized response to the provision of humanitarian aid.
October 13, 2020
The American Immigration Council, the Immigration Defense Clinic at Colorado Law, and the American Immigration Lawyers Association, submitted a comment in opposition to the Department of Homeland Security proposed rule on the "Collection and Use of Biometrics by U.S. Citizenship and Immigration Services."
April 8, 2022

Every year, the president submits a budget request to Congress with their proposal for funding the federal government. Over the last 20 years, Congress has spent over $333 billion on immigration...

April 7, 2022

U.S. Immigration and Customs Enforcement (ICE) issued a long-awaited memo on Sunday to guide ICE attorneys on exercising their prosecutorial discretion in immigration court. Authored by ICE’s...

April 1, 2022

The Centers for Disease Control and Prevention announced on Friday that it will be terminating the Title 42 border policy. The U.S. government has used this policy to turn away asylum seekers and...

March 28, 2022

In a victory for government transparency, earlier this month a federal district court ordered the government to release the names of the Border Patrol agents involved in a program to screen asylum...

March 22, 2022

In an unprecedented move, the Department of Homeland Security’s (DHS’) watchdog agency—the Office of the Inspector General (OIG)—just recommended that U.S. Immigration and Customs Enforcement (ICE...

March 18, 2022

Last week, Immigration and Customs Enforcement (ICE) released its fiscal year 2021 annual report. In it, the agency reported a significant decrease in both overall deportations and internal...

March 11, 2022

The path toward commonsense federal immigration solutions seems to be continuing the cyclical and frustrating pattern of two steps forward, one step back. As soon as a measure is introduced—be it...

March 8, 2022

In just under two years, U.S. Customs and Border Protection (CBP) has carried out over 1.5 million rapid “expulsions” of asylum seekers and migrants at the U.S.-Mexico border under Title 42, a...

March 4, 2022

The Department of Homeland Security (DHS) recently announced that it has been developing and testing robot dogs for use by U.S. Customs and Border Patrol (CBP) at the U.S.-Mexico border. The...

February 25, 2022

A federal court in Illinois recently approved a settlement agreement governing unlawful, warrantless arrests and vehicle stops. The settlement requires U.S. Immigration and Customs Enforcement (...

August 23, 2021
Immigration groups and judges urged the U.S. Supreme Court in an amicus brief to stay a Texas court ruling that would force the Biden administration to revive the Migrant Protection Protocols (MPP) – an illegal policy that forced asylum seekers to await their U.S. court dates in perilous conditions in Mexico.
August 19, 2021
A Texas judge blocked the Biden administration’s immigration enforcement priorities. The decision was issued in a case challenging ICE’s enforcement activities outside the scope laid out in the Feb. 18 enforcement memo.
August 18, 2021
The Council and partner immigration groups and former immigration judges filed an amicus brief to stop the reinstatement of the Migrant Protection Protocols.
August 17, 2021
As the Biden administration begins crafting next year's budget, 131 organizations published a statement for the Biden administration outlining the top immigration priorities that must be included in the country’s budget for Fiscal Year 2023.
June 21, 2021
The American Immigration Council filed a Freedom of Information Act lawsuit against DHS and its two primary immigration enforcement agencies requesting information about the obscure network of databases, information systems, and data sharing methods that are largely shielded from public view.
May 28, 2021
The Biden administration disclosed today a $54.2 billion budget request for the U.S. Department of Homeland Security for fiscal year 2022. The request is is deeply disappointing and a missed opportunity to set immigration enforcement in the United States on a new path.
May 20, 2021
A new American Immigration Council report examines the Biden administration’s approach to the U.S. system of immigration enforcement during its first 100 days in office.
May 18, 2021
The Council and Black Alliance for Just Immigration filed 10 FOIA requests to uncover what is happening inside immigration detention facilities and how ICE treats incarcerated Black immigrants in Louisiana, Mississippi, and Texas.
March 23, 2021
The nation has turned its attention to the current situation at the U.S.-Mexico border, including the rise in immigrant children in U.S. government custody. Much of the conversation has focused on a supposed surge in arrivals under the Biden administration, but the current increase began well before President Biden took office.
March 1, 2021
A new publication provides a snapshot of the extent of available services that help migrants navigate the complexities of the U.S. immigration system.
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...

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