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 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...
November 1, 2011
Turning Off the Water: How the Contracting and Transaction...
This intervention is needed to protect the integrity of the United States’ immigrant visa process and the families diligently seeking to reunite with their loved ones.
January 13, 2017
A coalition of immigrant and civil rights groups filed a complaint with the Department of Homeland Security’s Office of Civil Rights and Civil Liberties on behalf of numerous adult men and women, families and unaccompanied children who, over the past several months, were denied entry to the United States at ports of entry along the U.S.-Mexico border despite having asserted a fear of returning to their home countries or an intention to seek asylum under U.S. law.
The Council and its partners filed suit after CBP failed to respond to a 2013 FOIA After the case was filed, CBP disclosed only a handful of documents—primarily, indices of two ORT chapters without any substantive information—and then moved for summary judgment, claiming that it was not required to search for or produce any additional documents.
October 25, 2016
The American Immigration Council, in collaboration with the American Immigration Law Association, filed an amicus brief in the case Jennings v. Rodriguez, calling for the Court to overturn Demore v. Kim and end mandatory detention.
September 16, 2016
The statement calls to attention our concerns about over-broad enforcement actions and detention of asylum seekers and families.
September 15, 2015

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

July 23, 2015
The statement explains our recent research which shows that immigrants are less likely to commit serious crimes than native-born persons, and that high rates of immigration are associated with lower rates of violent crime and property crime.
The class-action lawsuit complaint alleges that Tucson Sector Border Patrol holds men, women, and children in freezing, overcrowded, and filthy cells for days at a time in violation of the U.S. Constitution and CBP’s own policies.
In March 2015, the American Immigration Council, in collaboration with the Law Office of Stacy Tolchin, the Northwest Immigrant Rights Project, and the National Immigration Project of the National Lawyers Guild, filed a class action lawsuit against CBP over its nationwide pattern and practice of failing to timely respond to requests under the Freedom of Information Act (FOIA). The plaintiffs included both immigration attorneys and individuals, all of whom had FOIA requests pending for over 20 business days.
On October 21, 2014, the American Immigration Council, the American Civil Liberties Union, and the National Immigration Project of the National Lawyers Guild, with co-counsel, the National Immigration Law Center and Jenner & Block LLP, filed a lawsuit under the Freedom of Information Act to compel the release of government documents regarding the use of the expedited removal process against families with children, including those detained by the Department of Homeland Security (DHS) in Artesia, New Mexico. The suit was filed in the federal district court for the Southern District of New York.
November 25, 2019

Over the last decade, the remains of more than 1,600 people have been found in the Arizona desert. Groups like No More Deaths, whose mission is “ending death and suffering in the U.S.-Mexico...

November 20, 2019

In yet another major blow to America’s asylum system, on Wednesday the Trump administration reportedly began sending some asylum seekers from Honduras and El Salvador to Guatemala rather than...

November 19, 2019

The Trump administration is preparing to seize private land in Texas to continue construction of the president’s long-promised border wall. According to government officials familiar with the...

November 18, 2019

Nearly 60,000 people seeking asylum in the United States have been returned to Mexico to wait for their U.S. court hearings under the Migrant Protection Protocols (MPP), also known as the Remain...

November 15, 2019

A federal court ruled this week that sweeping policies permitting U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) to search personal cell phones,...

November 6, 2019

It’s been nearly a year since the Trump administration announced the Migrant Protection Protocols (MPP), or the “Remain in Mexico” program. This program forces vulnerable asylum seekers to return...

October 28, 2019

The Trump administration began a secretive new asylum process in El Paso, Texas that came to light late last week. It seeks to deter asylum seekers from coming to the United States and to remove...

October 24, 2019

Federal immigration officials are beginning to expand their use of surveillance technology to collect information on immigrants. As officials gather more tools in their arsenal—from DNA collection...

October 23, 2019

Rape, violence, kidnapping, and lack of basic health care is, unfortunately, a reality for hundreds of asylum seekers subjected to the Migrant Protection Protocols (MPP) or “Remain in Mexico”...

October 22, 2019

The consequences of record-breaking workplace immigration raids are still overwhelming the legal system in southern Mississippi. After the Trump administration repeatedly threatened mass raids...

September 26, 2017
The issues addressed in the complaint are of immediate concern given the Trump administration’s executive orders directing ICE to dramatically expand immigration enforcement actions and increase the number of individuals subject to immigration detention.
August 16, 2017
The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum.
July 12, 2017

Washington D.C. - Today an immigrant rights group and several asylum seekers filed a class action lawsuit against officials at the U.S. Department of Homeland Security and U.S.

June 28, 2017
A U.S. District Court condemned the federal government for continuing to disregard critical protections for children in detention.
June 19, 2017
The American Immigration Council and the American Immigration Lawyers Association (AILA) are responding to this representation crisis with an Immigration Justice Campaign, a new initiative to prepare more lawyers to be cutting-edge defenders of immigrants facing deportatio
June 2, 2017
Access to legal counsel is a core American value and is the cornerstone of our justice system. Yet, Immigration and Customs Enforcement (ICE) has severely limited access to legal assistance for asylum-seeking women and children held in family detention facilities.
May 25, 2017
AILA and the Council have petitioned the Department of Homeland Security and the Department of State to issue new regulations that will ensure all immigrants have access to legal counsel in secondary and deferred inspection, as well as overseas consular interviews.
March 10, 2017
Immigrant rights groups asked the Washington District Court to again enjoin the Trump Administration’s “Muslim Ban” executive order.
February 17, 2017
The memo calls for the expansion of detentions and deportations, the hiring of more Border Patrol agents, the use of State National Guards, the building of a border wall, and the creation of new barriers for asylum seekers, among other provisions.
January 25, 2017
President Trump announced executive orders that are intended to follow through on campaign promises to build a wall and deport millions. Here's our response.
March 6, 2020

153 legal representation, refugee assistance, faith-based, human rights, and community groups—including the American Immigration Council—sent a letter to the Department of Homeland Security...

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 19, 2020
A federal court ordered U.S. Customs and Border Protection to overhaul the way the agency detains people in its custody in the Tucson Sector. The court found that the conditions in CBP holding cells, especially those that preclude sleep over several nights, are presumptively punitive and violate the U.S. Constitution.
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...

In December 2019, the National Archives approved a schedule for destruction of U.S. Immigration and Customs Enforcement (ICE) records which slates numerous categories of documents addressing...

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...

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