Border Enforcement

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

Recent Features

All Border Enforcement Content

May 2, 2007
Since 9/11 the watchword in the debate over immigration reform has been “security.” As a result, most policymakers and pundits now approach the subject of immigration largely from a law-enforcement...
February 15, 2007
Ongoing reports about Mexico’s bloody conflict with organized crime have raised again the question of whether the United States should do more to prevent such violence from “spilling over” into the...
February 1, 2007
By Raquel Rubio-Goldsmith, M. Melissa McCormick, Daniel Martinez & Inez Magdalena Duarte
September 1, 2006
Access to an independent judiciary with the power to hold the government accountable in its dealings with individuals is a founding principle of the United States. In contrast, imagine a system...
April 10, 2006
The U.S. government's efforts to stem undocumented immigration by fortifying the U.S.-Mexico border have increased the profitability of the people-smuggling business and fostered greater...
February 1, 2006
Most of the border-enforcement and immigration-reform proposals currently being considered in Washington, DC, are not comprehensive or adequate solutions to the issue of undocumented immigration. The...
September 1, 2005
A proper understanding of the causes of international migration suggests that punitive immigration and border policies tend to backfire, and this is precisely what has happened in the case of the...
August 1, 2005
The current crisis of undocumented immigration to the United States has its roots in fundamental misunderstandings about the causes of immigration and the motivations of immigrants. A growing body of...
April 1, 2005
New proposals for more fencing and Border Patrol agents along the U.S.-Mexico border may only perpetuate an unsuccessful and counterproductive policy that does not effectively enhance national...
December 1, 2003
In the hours following the deadly terrorist attacks of September 11, 2001, the United States government took the extraordinary step of sealing U.S. borders to traffic and trade by grounding all...
December 17, 2019

Government officials were aware of the harm family separation would cause and were critical of the practice years before the Trump administration established it as an official policy. Advocates...

December 5, 2019

Attorney General Sessions’ orders to prioritize prosecuting people for immigration-related offenses in 2017 and 2018 put a significant strain on law enforcement across the border, diverting...

December 4, 2019

U.S. Customs and Border Protection (CBP)—the agency responsible for systematically separating thousands of migrant families in the summer of 2018—lacked the technology or mechanisms to record and...

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...

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.
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.
December 21, 2016
The American Immigration Lawyers Association (AILA), represented by the American Immigration Council and Foley & Lardner LLP, filed a lawsuit to compel U.S. Customs and Border Protection's (CBP) compliance with the Freedom of Information Act (FOIA), and to request release of the CBP Officer's Reference Tool (ORT).
November 18, 2016
A federal district court found that U.S. Customs and Border Protection is violating the constitutional rights of people detained in holding facilities in Arizona and ordered the government to take steps to improve conditions in these facilities, known as hieleras.
October 5, 2016
In accordance with a settlement reached by the parties, a federal district court dismissed a class action lawsuit which challenged U.S. Customs and Border Protection’s (CBP) nationwide practice of failing to timely respond to requests for case information under the Freedom of Information Act (FOIA).
August 18, 2016
Today, groups made public damning evidence, including expert testimony and video stills illustrating the deplorable and unconstitutional conditions detained individuals are subjected to in Border Patrol custody in the agency’s Tucson Sector.
July 19, 2016
A class action lawsuit was filed by three immigration attorneys and eleven noncitizens challenging U.S. Customs and Border Protection’s nationwide practice of failing to timely respond to requests for case information under the Freedom of Information Act.
July 7, 2016
The American Immigration Council and the American Immigration Lawyers Association commented on the decision from the Ninth Circuit Court of Appeals affirming that the nearly 20-year-old Flores Settlement Agreement governs the custody and release of all immigrant children, and that the Obama Administration’s family detention practices violate that agreement.
July 6, 2016
he American Immigration Council (Immigration Council), represented by Drinker Biddle & Reath LLP, today filed a lawsuit under the Freedom of Information Act to compel the release of additional documents related to the complaints process at United States Customs and Border Protection.
June 27, 2016
A federal district court unsealed some of the photographs central to ongoing litigation challenging deplorable and unconstitutional conditions in Border Patrol detention facilities in the agency’s Tucson Sector. The court also allowed the Arizona Republic newspaper to intervene in the case to argue for the release of the documents.
August 3, 2020

The United States Border Patrol raided a humanitarian aid camp in Arizona on July 31, detaining volunteers and over 30 people receiving care. The camp—known as Byrd Camp—is run by No More Deaths (...

July 29, 2020

The Trump administration has been detaining immigrant children in hotels along the Texas-Mexico border and in Arizona. Some of the children are just a year old and are held in the hotels for weeks...

July 27, 2020

The May 25 killing of George Floyd by Minnesota police officers rightly sparked public outrage and protests throughout the United States. In response, the Trump administration deployed federal...

The Freedom of Information Act (FOIA) request demands records regarding all CBP deployments to U.S. cities during the protests of George Floyd's death.
July 17, 2020

The American Immigration Council joined a letter to the U.S. Department of Homeland Security calling on the release of all families held at all three Immigration and Customs...

July 9, 2020

Even as President Trump downplays the threat of COVID-19, the Trump administration is using the pandemic as a pretext to bar more people from asylum in the United States. While the proposal is...

July 6, 2020

Immigrant children who arrive in the United States without a parent are placed in shelters or foster care while their guardianship and immigration process play out. But all too often, U.S....

June 30, 2020

The Department of Homeland Security Office of Inspector General (OIG) recently published a report analyzing U.S. Customs and Border Protection’s (CBP) treatment of noncitizens at the border in...

June 10, 2020

The Office of the Inspector General (OIG) recently condemned U.S. Customs and Border Protection (CBP) for its role in separating families at the border in 2018. Like previous inspections, the...

May 27, 2020

In response to the coronavirus pandemic, the federal government has implemented sweeping revisions to U.S. immigration policy. Many of the changes fail to prioritize the health of immigrants or...

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