Border Enforcement

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

CBP One: An Overview

Last modified: 
February 28, 2023
Publication Date: 
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...
  • Fact Sheet

The Removal System of the United States: An Overview

Last modified: 
August 9, 2022
Publication Date: 
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...
  • Fact Sheet

A Guide to Title 42 Expulsions at the Border

Last modified: 
May 25, 2022
Publication Date: 
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...
  • Research and Analysis

Alternatives to Immigration Detention: An Overview

Publication Date: 
March 17, 2022
This new 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...
  • Fact Sheet

Rising Border Encounters in 2021: An Overview and Analysis

Publication Date: 
March 4, 2022
This Council fact sheet provides an overview and analysis of border encounters and border apprehensions in 2021.
  • Fact Sheet

The “Migrant Protection Protocols”

Publication Date: 
January 7, 2022
Under the “Migrant Protection Protocols”, individuals who arrive at the southern border and ask for asylum (either at a port of entry or after crossing the border between ports of entry) are given...
  • Fact Sheet

Prosecuting People for Coming to the United States

Publication Date: 
August 23, 2021
Over the last two decades, the federal government increasingly has utilized the criminal courts to punish people for immigration violations. This overview provides basic information about entry-...
  • Special Report

The Legacy of Racism within the U.S. Border Patrol

Publication Date: 
February 10, 2021
This report presents a historical overview of how U.S. Border Patrol has been steeped in institutional racism and has committed violent acts with near impunity since its founding nearly 100 years ago...
  • Special Report

Measuring In Absentia Removal in Immigration Court

Publication Date: 
January 28, 2021
This analysis of data provided by the federal government reveals that 83% of all nondetained immigrants with completed or pending removal cases attended all their hearings from 2008 to 2018.
  • Fact Sheet

The Electronic Nationality Verification Program: An Overview

Publication Date: 
January 26, 2021
U.S. immigration agencies use a range of programs to deport—or remove—certain noncitizens from the United States. Under the Trump administration, the Department of Homeland Security (DHS) and two of...
  • Litigation

Separated Family Members Seek Monetary Damages from United States

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.
  • Amicus Briefs

Demanding ICE Provide Essential Data

Last modified: 
January 30, 2023
Publication Date: 
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.
  • FOIA

FOIA Request Seeks Records Regarding Parole Guidance and Incorrect Addresses on CBP Documents After Migrants Flown to Martha's Vineyard

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.
  • FOIA Litigation

CBP Faces FOIA Lawsuit for Failing to Disclose Information About Border Patrol Practices in Ohio

This FOIA lawsuit seeks records about Border Patrol activities at the Sandusky Bay Station located in northern Ohio to improve the public’s understanding of CBP’s enforcement practices at northern U.S. borders, including cooperation with local law enforcement.
  • FOIA Litigation

Council Sues CBP To Obtain Records About CBP One

This FOIA Lawsuit seeks to compel CBP to release information about its implementation of CBP One, an app designed to streamline interactions between CBP officers and travelers, including asylum seekers, that has raised concerns amongst advocates.
  • Amicus Briefs

Council and Partners Urge Supreme Court to Stop Texas Court from Reinstatement of the Migrant Protection Protocols

Publication Date: 
August 23, 2021
This amicus brief urges the Supreme Court to stop the reinstatement of the Migrant Protection Protocols (MPP), and halt the lower court's poorly reasoned and factually flawed decision.
  • Amicus Briefs

Council and Partners Submit Amicus Brief to Stop the Reinstatement of the Migrant Protection Protocols

Publication Date: 
August 18, 2021
This brief highlights the court's many factual errors about MPP in its decision to reinstate the program.
  • FOIA

Investigating CBP’s Use of Mobile Application CBP One

What is CBP One and why is it concerning?

Customs and Border Protection (CBP) launched a new app that can be downloaded on mobile devices called CBP One. According to the agency, CBP One...

  • FOIA Litigation

Council Sues Immigration Agencies for Records of Enforcement Databases

This Freedom of Information Act lawsuit seeks to uncover information about the databases and systems that Department of Homeland Security (DHS) agencies use in immigration enforcement.
  • FOIA

Uncovering Immigration Enforcement Agency Databases

The Council filed multiple Freedom of Information Act requests to unearth the systems that the government uses in immigration enforcement and the data it collects.
  • Practice Advisories

Arriving Noncitizens and Adjustment of Status

Publication Date: 
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.
  • Practice Advisories

Bivens Basics: An Introductory Guide for Immigration Attorneys

Publication Date: 
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.
  • Practice Advisories

Reinstatement of Removal

Publication Date: 
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.
  • Practice Advisories

Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection

Publication Date: 
August 1, 2017
This Practice Advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by Customs and Border Protection officers.
  • Practice Advisories

Inspection and Entry at a Port of Entry: When is there an Admission?

Publication Date: 
October 22, 2015
This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status.
  • Practice Advisories

Seeking a Judicial Stay of Removal in the Court of Appeals

Publication Date: 
January 21, 2014
This Practice Advisory provides background information about requesting stays of removal from the court of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who are successful on their appeal.
  • Blog

Border Patrol Custody Is Already Dangerous and This Florida Lawsuit Is Making It Worse

May 19, 2023

One of the biggest concerns after the end of the Title 42 policy of mass expulsion at the U.S.-Mexico border was that large numbers of people would cross in the hours and days afterward. When the...

  • Blog

How To Seek Asylum (Under Biden’s Asylum Transit Ban), In 15 Not-At-All-Easy Steps

May 11, 2023

Back in February, when the Biden administration proposed a new regulation that would essentially restrict the vast majority of border crossers from qualifying for asylum, we broke it down with a...

  • Blog

Newly Introduced Border Bill Would Create More Chaos at the Border, Not Less

May 9, 2023

With the pandemic-related expulsion policy “Title 42” set to expire May 11, the House GOP introduced its first large-scale border and immigration package on Monday. The bill combines three...

  • Blog

The End of Title 42 Might Be Chaotic, But It Doesn’t Have to Be Confusing. Here’s What You Should Know

May 2, 2023

Title 42 – a policy that has allowed the U.S. government to expel border-crossers without giving them a chance to seek asylum – is expected to officially sunset next week. Federal courts prevented...

  • Blog

Texas’ Proposed ‘Border Protection Unit’ Doubles Down on Failed Deterrence Policies

April 21, 2023

With all eyes on the U.S.-Mexico border ahead of the end of Title 42 on May 11, Texas lawmakers are pushing to increase the state’s role in enforcing federal immigration laws—despite Supreme Court...

  • Blog

The Border Patrol’s Inhumanity Has Reached New Heights

April 20, 2023

A family with a baby, waiting outside in the cold overnight. A pregnant woman, enduring the elements for multiple days. An Afghan who worked for the U.S. Army as a translator, hoping for food and...

  • Blog

GOP’s Extreme Border Bill Rejects Solutions and Embraces Ending Asylum

April 19, 2023

On Monday, April 17, the House GOP introduced its first comprehensive border bill of the 118th Congress. The bill comes after months of disagreement within the caucus surrounding legislative...

  • Blog

Biden’s Reviving Phone-Booth Asylum. Here’s Why It Was a Disaster

April 10, 2023

The Biden administration is yet again turning to the Trump playbook as it tries to slap together a border crackdown to succeed the end of the Title 42 “public health” order next month. The latest...

  • 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 (...

  • Press Release

New Asylum Transit Ban Is Dangerous and Shortsighted

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.
  • Press Release

Department of Justice and Department of Homeland Security Release Details of Dangerous New Asylum Transit Ban

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.
  • Press Release

American Immigration Council Unveils Blueprint for a Modern and Functional Border and Asylum System

May 3, 2023
The American Immigration Council released a new vision and blueprint for the border that highlights the need for a modern and functional system of humanitarian protection and border management in the United States.
  • Press Release

New Menendez Plan Proposes Humane and Effective Solutions for Managing Migration at the Border

April 18, 2023
The American Immigration Council responds to the new Menendez Plan which proposes humane and effective solutions for managing migration at the border.
  • Press Release

Opposition to Proposed Asylum Transit Ban Rule Across U.S.

April 10, 2023
Members of Congress, Faith Leaders, and Pediatricians Join Tens of Thousands of People Demanding Rescission of Biden Asylum Transit Ban.
  • Press Release

Department of Justice and Department of Homeland Security Release Details of Dangerous New Asylum Transit Ban

February 21, 2023
The American Immigration Council responds to the Notice of Proposed Rulemaking by the U.S. Department of Justice and the U.S. Department of Homeland Security on the implementation of a new asylum transit ban.
  • Press Release

Biden Administration Expands Use of Title 42 and Proposes New Asylum Ban, In Exchange for Creation of Alternate Pathways for Migration and New Methods of Seeking Asylum at Ports of Entry

January 5, 2023
The American Immigration Council responds to new announced a series of border policy reforms, including a variant of President Trump's asylum "Transit Ban", from the Biden administration.
  • Press Release

Judge Strikes Down Title 42 Policy: A Long Overdue Step Toward Rebuilding the US Asylum System

November 15, 2022
Judge Emmet G. Sullivan issued a decision vacating and ending Title 42, more than two and a half years after the purported public health policy went into effect.
  • Press Release

Biden Administration Pairs Humanitarian Aid and H-2B Visa Expansion with Trump-Style Border Enforcement in Venezuelan Response Plan

October 13, 2022
The American Immigration Council alongside responded to the Biden Administration’s announcement of a parole program to protect some Venezuelan nationals with ties to the U.S., expansion of Title 42 to expel Venezuelans who cross the border without prior authorization, and nearly 65,000 added visas under the H-2B program.
  • Press Release

Violence and Racism at the Core of Migrant Deaths in West Texas

September 30, 2022
The warden of a privately run detention facility in West Texas Center—which very recently held detained individuals for U.S. Immigration Customs and Enforcement—was arrested and charged with manslaughter for shooting two migrants, killing one, in Sierra Blanca, Texas
  • Press Release

New Asylum Transit Ban Is Dangerous and Shortsighted

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.
  • Letters

Coalition Letter Urges Vote Against Border Bill That Dismantles Asylum and Harms Asylum Seekers and Border Communities

Last modified: 
May 10, 2023
Publication Date: 
May 8, 2023
The American Immigration Council joined a coalition of 129 organizations calling for members of the House of Representatives to vote against an anti-immigrant border bill that would dismantle the U.S...
  • Press Release

Department of Justice and Department of Homeland Security Release Details of Dangerous New Asylum Transit Ban

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.
  • Press Release

American Immigration Council Unveils Blueprint for a Modern and Functional Border and Asylum System

May 3, 2023
The American Immigration Council released a new vision and blueprint for the border that highlights the need for a modern and functional system of humanitarian protection and border management in the United States.
  • Litigation

Separated Family Members Seek Monetary Damages from United States

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.
  • Press Release

New Menendez Plan Proposes Humane and Effective Solutions for Managing Migration at the Border

April 18, 2023
The American Immigration Council responds to the new Menendez Plan which proposes humane and effective solutions for managing migration at the border.
  • Press Release

Opposition to Proposed Asylum Transit Ban Rule Across U.S.

April 10, 2023
Members of Congress, Faith Leaders, and Pediatricians Join Tens of Thousands of People Demanding Rescission of Biden Asylum Transit Ban.
  • Fact Sheet

CBP One: An Overview

Last modified: 
February 28, 2023
Publication Date: 
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...
  • Press Release

Department of Justice and Department of Homeland Security Release Details of Dangerous New Asylum Transit Ban

February 21, 2023
The American Immigration Council responds to the Notice of Proposed Rulemaking by the U.S. Department of Justice and the U.S. Department of Homeland Security on the implementation of a new asylum transit ban.
  • Amicus Briefs

Demanding ICE Provide Essential Data

Last modified: 
January 30, 2023
Publication Date: 
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.

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