Border 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

For generations, the United States has seen periodic cycles of migration. The arrival of high numbers of asylum seekers is a humanitarian protection management challenge, not a security challenge.

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This report sheds light on the dehumanizing conditions of immigration detention facilities.

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All Border Enforcement Content

  • Fact Sheet

Enforcement Without Focus: Non-Violent Offenders Caught in the US Immigration Enforcement System

Publication Date: 
April 2, 2013
Since the Department of Homeland Security (DHS) was created in 2003, its immigration-enforcement agencies—Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)—have been...
  • Fact Sheet

A Decade of Rising Immigration Enforcement

Publication Date: 
January 8, 2013
With roughly 11 million unauthorized immigrants living in the United States, some question whether the nation’s immigration laws are being seriously enforced. In truth, due to legal and policy...
  • Special Report

Border Patrol Agents as Interpreters Along the Northern Border: Unwise Policy, Illegal Practice

Publication Date: 
September 25, 2012
Advocates along the Northern Border report a recent, sharp increase in the use of U.S. Border Patrol (USBP) agents to provide interpretation services to state and local law enforcement officers and...
  • Fact Sheet

Authority of U.S. Customs and Border Protection Agents: An Overview

Publication Date: 
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...
  • Fact Sheet

Fiscally Irresponsible: Immigration Enforcement without Reform Wastes Taxpayer Dollars

Publication Date: 
October 19, 2011
Many political pundits, GOP presidential aspirants, and Members of Congress want to have it both ways when it comes to federal spending on immigration. On the one hand, there is much talk about the...
  • Research and Analysis

Guns, Drugs, and Money: Tackling the Real Threats to Border Security

Publication Date: 
September 12, 2011
The external borders of the United States matter to security, but how and in what ways is neither automatic nor obvious. The current assumption is that borders defend the national interior against...
  • Special Report

How to Fix a Broken Border: A Three Part Series

Publication Date: 
September 1, 2011
If the United States wants effective border security, then more effective law‐enforcement measures must be taken.
  • Special Report

Back to the Border: A Historical Comparison of U.S. Border Politics

Publication Date: 
September 2, 2010
By Katherine Benton-Cohen and...
  • Research and Analysis

Throwing Good Money After Bad: Immigration Enforcement

Publication Date: 
May 26, 2010
Immigration Enforcement without Immigration Reform Doesn’t Work This week, the Senate will consider amendments to the Emergency Supplemental Appropriations Bill that would add thousands of additional...
  • Research and Analysis

The Rise and Fall of the Secure Border Initiative’s High-Tech Solution to Unauthorized Immigration

Publication Date: 
April 15, 2010
The Secure Border Initiative (SBI), launched by the Department of Homeland Security (DHS) in 2005, is a cautionary tale of the dangers inherent in seeking a technological quick fix to the problem of...
  • Litigation

Holding CBP Accountable for Turning Away Asylum Seeker and Falsifying Paper Trail

U.S. Customs and Border Protection officers all too frequently deny individuals fleeing persecution and torture their right to seek protection in the United States, issue summary removal orders against them, and then falsify documents to support their illegal actions.
  • Legal Resources and Litigation

Statement for House Homeland Subcommittee on Border and Maritime Security Hearing “Stopping the Daily Border Caravan: Time to Build a Policy Wall”

May 22, 2018

The American Immigration Council submitted a written statement to the House Homeland Subcommittee on Border and Maritime Security for a May 22, 2018 hearing on “Stopping the Daily Border Caravan:...

  • FOIA

Family Separation FOIA Request

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.
  • Advocacy

Complaint Documents 15 Cases of Family Separation at the Border

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.
  • Litigation

Seeking Records on CBP's Participation in Domestic Law Enforcement Activities

This lawsuit seeks to compel CBP to disclose the requested records concerning USBP agents’ practices.
  • Litigation

Challenging Customs and Border Protection's Unlawful Practice of Turning Away Asylum Seekers

Asylum seekers are being illegally turned away by Customs and Border Protection officers. We're suing.
  • Litigation

Challenging ICE Interference with Legal Representation at Dilley

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.
  • Advocacy

Petition for Rulemaking Requests New Regulations Governing Access to Counsel

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.
  • Legal Resources and Litigation

Statement for the Senate Judiciary Committee on “Building America’s Trust Through Border Security: Progress on the Southern Border”

May 23, 2017
The statement shares our analysis of infrastructure and personnel investments already made by the Department of Homeland Security (DHS), as well as our reporting on improvements needed at its border enforcement agency, U.S. Customs and Border Protection (CBP), to ensure integrity of operations along the Southern Border.
  • Legal Resources and Litigation

Statement for the House Homeland Security Committee on "Ending the Crisis: America's Borders and the Path to Security"

February 7, 2017
The statement shares our analysis and research regarding an unnecessary border wall and the already massive investment that has been made along the Southwest border.
  • Blog

The Border Patrol Is Going to Eliminate Its Secretive Critical Incident Teams

May 10, 2022

U.S. Customs and Border Patrol (CBP) announced in a May 6 memorandum that it would eliminate its Border Patrol Critical Incident Teams (BPCITs). The teams have faced criticism for their secretive...

  • Blog

Federal Court Orders Biden Administration to Temporarily Halt Title 42 Wind Down

April 28, 2022

A federal court in Louisiana issued an order on Wednesday temporarily preventing the Biden administration from winding down Title 42, the controversial public health policy that allows immigration...

  • Blog

Supreme Court Hears Oral Arguments in ‘Remain in Mexico’ Case

April 26, 2022

Over three years after the Migrant Protection Protocols (MPP) went into effect, the Supreme Court finally heard oral arguments in a case about the program, also known as the “Remain in Mexico”...

  • Blog

Abbott’s Anti-Immigrant Blockade Cost the US Billions in Just a Few Days 

April 22, 2022

Less than a week after the Biden Administration announced the impending end to the COVID-era Title 42 border policy, Texas Governor Greg Abbott escalated his ongoing political fight with the Biden...

  • Blog

What is President Biden’s Plan for Ending Title 42?

April 12, 2022

The Centers for Disease Control and Prevention (CDC) announced in early April that it would end Title 42, the pandemic border policy that allowed immigration officials to rapidly “expel” migrants...

  • Blog

Biden Administration Announces End to Horrific Title 42 Border Policy

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...

  • Blog

Government Must Release Names of Border Patrol Agents Involved in Illegal Pilot Program, Court Orders

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...

  • Blog

Immigration and Customs Enforcement Issues Annual Report—What Does It Really Mean?

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...

  • Blog

Dueling Court Orders May Decide Fate of President Biden’s Title 42 Expulsions

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...

  • Blog

New Border Surveillance Technology Raises Privacy Concerns and Could Increase Deaths

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...

  • Press Release

Immigrant Rights Advocates Ask Court to Permanently Block Trump Policy Turning Back Asylum Seekers

September 8, 2020
Asylum seekers who have been turned back by U.S. Customs and Border Protection from ports of entry along the U.S.-Mexico border asked a federal court to permanently stop the Trump administration’s Turnback Policy and declare it unlawful.
  • Press Release

New Report Reveals the Impact of COVID-19 Across the US Immigration System

May 27, 2020
The American Immigration Council's latest report examines major changes to the U.S. immigration system in the wake of the COVID-19 pandemic and the unique challenges the pandemic has created for noncitizens and government agencies.
  • Press Release

US: Lawsuit Over ‘Remain in Mexico’ Program Secrecy

May 14, 2020
The American Immigration Council, the American Immigration Lawyers Association, Human Rights Watch, and the law firm Winston & Strawn LLP filed a lawsuit in the U.S. Northern District of California today to compel the release of records about the US Migrant Protection Protocols, also known as the “Remain in Mexico” program.
  • Press Release

A Federal Court Allows Parents and Children Torn Apart by Family Separation Policy to Continue Suit Against the Trump Administration

March 31, 2020
A federal court in Arizona allowed five asylum-seeking mothers and their children who were torn apart under the Trump administration’s family separation policy to move forward with a lawsuit against the United States for the cruel treatment and anguish U.S. immigration agencies inflicted on them. The court denied the government’s motion to dismiss the case.
  • Press Release

Federal Court Finds Conditions in Customs and Border Protection Detention Facilities Unconstitutional

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.
  • Press Release

Trial Challenging Unconstitutional Conditions in Customs and Border Protection's Facilities in Arizona Ends

January 23, 2020
During the course of the trial, a federal judge heard from qualified experts who testified on the inadequate medical care and severe conditions inside CBP detention centers.
  • Press Release

Immigration Groups Challenge Inhumane Conditions Inside U.S. Border Patrol Detention Facilities in Court

January 13, 2020
The trial in a legal challenge to the horrific conditions in U.S. Border Patrol's short-term detention facilities across the Tucson sector, filed in June 2015 by immigration groups, begins on Monday, Jan. 13 at the U.S. District Court in Tucson, Arizona.
  • Press Release

Safe Third Country Agreements with Central American Countries Eviscerate America’s Asylum System

November 20, 2019
The Trump administration published a new rule that seeks to implement safe third country agreements that the United States entered into with Guatemala, Honduras, and El Salvador—and bar many individuals seeking protection in the United States from being able to apply for asylum.
  • Press Release

New Pilot Program in El Paso Rushes Asylum Seekers Through A Deeply Flawed Process

October 24, 2019
Media reports today indicate that the government has initiated a new pilot program in El Paso, Texas to rush the review of sensitive asylum cases. The reported program, called “Prompt Asylum Case Review,” forces families to navigate the asylum process while detained in the custody of U.S. Customs and Border Protection.
  • Press Release

Lawsuit Demands Information on the Expansion of CBP’s Role in the Screening of Asylum Seekers

October 2, 2019
The American Immigration Council and Tahirih Justice Center filed a Freedom of Information Act lawsuit in federal court to compel the government to release records about the Trump administration’s troubling new practice of allowing U.S. Customs and Border Protection officers to screen individuals seeking asylum in the United States. The lawsuit seeks these documents to shed light on changes to the asylum screening process, CBP’s role in conducting interviews and making determinations regarding an asylum seeker’s “credible fear” of persecution, and the measures taken by CBP, U.S. Citizenship and Immigration Services, and the Department of Homeland Security to implement this new practice.
  • Blog

Deadly Detention Center Fire Is a Reminder: Both the US and Mexico Are Failing Migrants

March 29, 2023

On Monday night, 39 migrants died, and another 27 were seriously injured, in a fire in a Mexican detention center in Ciudad Juarez. The migrants—most of them from Guatemala, El Salvador, Honduras...

  • Blog

Where the ‘Migrant Protection Protocols’ Stand, Four Years After Going Into Effect

March 24, 2023

Last week, a federal court in California issued a decision allowing asylum seekers and other plaintiffs to continue their legal challenge to the Trump-era “Remain in Mexico” program, officially (...

  • Blog

Three Years of Title 42

March 17, 2023

In March 2020, the world came to an unfamiliar halt. The COVID-19 pandemic was no longer a looming and distant concern. Events rapidly fell off calendars, schools shuttered, and those who could...

  • Blog

This Is Pretty Simple, Mr. President: Don’t Restart Family Detention

March 7, 2023

The Biden administration is reportedly planning to detain large numbers of immigrant families again this spring. This is part of the administration’s plan to replace Title 42 with a new policy...

  • Blog

CBP One Is Riddled With Flaws That Make the App Inaccessible to Many Asylum Seekers  

February 28, 2023

In January and February of this year, the Biden administration announced new policies to process individuals seeking asylum at ports of entry at the U.S.-Mexico border. A key component of these...

  • Blog

Supreme Court Pauses Oral Arguments in Title 42 Case – What’s next?

February 17, 2023

In December 2022, the Supreme Court stepped in to keep Title 42 (the pandemic health policy that has allowed the United States to carry out over 2.5 million expulsions since March 2020) in effect...

  • Blog

At Dueling Border Hearings, New House Majority Pushes Partisan Narrative Over Facts

February 10, 2023

In January, Republicans took control of the House of Representatives. After a lengthy fight over the Speaker of the House resolved, the new majority wasted no time in holding multiple hearings on...

  • Blog

Family Reunification Task Force Reports Nearly 1,000 Children Remain Separated

February 10, 2023

Nearly 1,000 children separated from their families at the southern border by the Trump administration remain separated to this day, according to a Biden administration fact sheet released on...

  • Blog

Still Awaiting Court Dates, Migrants Suffer the Effects of ‘Band-Aid’ Fixes to Our Broken Immigration System

February 8, 2023

When asylum seekers arrive in the United States, so long as they are not rapidly deported or expelled, the government is generally supposed to issue them a “Notice to Appear” (NTA). This charging...

  • Blog

DHS Fails to Address Concerns about CBP One as the Agency Expands the App’s Use

January 13, 2023

On January 5, the U.S. Department of Homeland Security (DHS) announced new measures to process people seeking asylum at ports of entry on the U.S.-Mexico border who are asking to be exempt from...

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