Border Enforcement

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Recent Features

  • Fact Sheet

Rising Border Encounters in 2021: An Overview and Analysis

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.

  • Special Report

Hieleras (Iceboxes) in the Rio Grande Valley Sector

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

All Border Enforcement Content

  • Fact Sheet

A Guide to Title 42 Expulsions at the Border

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

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

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”

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

CBP One: An Overview

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

Prosecuting People for Coming to the United States

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

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

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

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...
  • Fact Sheet

The Cost of Immigration Enforcement and Border Security

January 20, 2021
Since the creation of the Department of Homeland Security in 2003, the federal government has spent an estimated $324 billion on the agencies that carry out immigration enforcement.
  • 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

Demanding ICE Provide Essential Data

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.
  • Amicus Briefs

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

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

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.
  • FOIA

Seeking Information About Border Patrol Practices in Ohio

The Council and Advocates for Basic Legal Equality have launched an investigation into the abusive practices of CBP officers and cooperation with local law enforcement in Ohio.
  • FOIA Litigation

Council Sues Customs and Border Protection to Release Records of Militarized Raids on Humanitarian Aid Station

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.
  • Practice Advisories

Arriving Noncitizens and Adjustment of Status

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

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

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

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?

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

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

Supreme Court Permits Biden to Terminate ‘Remain in Mexico’ Program

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...

  • Blog

In Blow to Asylum, House Appropriations Committee Greenlights Title 42

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...

  • Blog

Federal Judge Blocks Termination of Title 42: What You Need to Know

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...

  • 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...

  • Press Release

U.S. Supreme Court Allows Biden Administration to End MPP

June 30, 2022
The U.S. Supreme Court allows the Biden administration’s efforts to terminate the Migrant Protection Protocols—an illegal Trump-era policy that sent thousands of people seeking humanitarian protection to dangerous areas of Mexico to await their asylum hearings.
  • Press Release

Tragic Loss of Life Is a Stark Reminder of the Need for a Humane Immigration System

June 28, 2022
At least 50 people were found dead yesterday in a tractor-trailer near Lackland Air Force Base in San Antonio. This tragedy appears to be the deadliest migrant-smuggling operation in U.S. history, following the deadliest year on record for the border.
  • Press Release

The End of Title 42: A Long-Overdue Step Toward Rebuilding our Asylum System

April 1, 2022
The Biden administration announced today plans to end a border expulsions policy known as Title 42 by May 23. This policy allowed the U.S. government to turn people away at the U.S southern border over 1.7 million times in the past two years under the guise of protecting the country from COVID-19.
  • Press Release

Lawsuit Seeks Answers to Privacy and Data Risks Associated with the CBP One App

December 21, 2021
The American Immigration Council filed a FOIA lawsuit against CBP requesting information about the agency’s implementation of CBP One— an app designed to help process individuals entering the United States including asylum seekers—that has raised concerns among immigration and privacy advocates.
  • Press Release

Recission of MPP Is a Step Toward Ending a Humanitarian Catastrophe and Restoring Dignity to the Asylum Process

October 29, 2021
The Biden administration announced that DHS will issue a new memo to formally terminate the Migrant Protection Protocols. It is an important step towards ensuring that the MPP program never returns.
  • Press Release

The Reimplementation of MPP is Betrayal of President Biden’s Campaign Promises

October 15, 2021
The Biden administration announced today that the U.S. Department of Homeland Security plans to revive and reimplement the Migrant Protection Protocols by mid-November. The Council believes that plans to restart the program is a betrayal of the president’s campaign promises and a sign that this administration is failing to reenvision border management and the way that we treat asylum seekers.
  • Press Release

Citing Factual and Legal Flaws, Groups Urge DHS to Acknowledge Systematic Barriers in Second Memo Terminating MPP

October 14, 2021
The American Immigration Council and 29+ organizations urged DHS—in a letter offering factual and legal recommendations on how to end the Migrant Protection Protocols—to fully and forcefully acknowledge the humanitarian and legal catastrophe caused by MPP.
  • Press Release

Court Says Turnbacks of Tens of Thousands of Asylum Seekers Are Unlawful

September 2, 2021
A federal judge declared unlawful the U.S. government’s turnbacks of asylum seekers arriving at ports of entry along the U.S southern border. The court ruled that the United States is required by law to inspect and process asylum seekers when they present themselves at ports of entry, and condemned the practice of denying access to the asylum process through metering and similar practices.
  • Press Release

Immigrant Rights Advocates Urge Court to Permanently End Trump-Era Policy that Turned Back Tens of Thousands of Asylum Seekers

September 1, 2021
Immigrant rights advocates released a statement after presenting oral arguments before U.S. District Court of the Southern District of California, where they urged the court to declare unlawful and permanently end the Trump-era turnback policy.
  • Press Release

The U.S. Supreme Court Decides to Send Asylum Seekers to Danger

August 24, 2021
The U.S. Supreme Court refused to stay a ruling from a lower Texas court that would force the Biden administration to revive the Migrant Protection Protocols.
  • Letters

Letter to Secretary Mayorkas Urging Protections for Victims of San Antonio Tragedy

June 30, 2022
The American Immigration Council and 102 other organizations urge the Department of Homeland Security paroled into the United States and give assistance in applying for protection to survivors of the...
  • Press Release

U.S. Supreme Court Allows Biden Administration to End MPP

June 30, 2022
The U.S. Supreme Court allows the Biden administration’s efforts to terminate the Migrant Protection Protocols—an illegal Trump-era policy that sent thousands of people seeking humanitarian protection to dangerous areas of Mexico to await their asylum hearings.
  • Press Release

Tragic Loss of Life Is a Stark Reminder of the Need for a Humane Immigration System

June 28, 2022
At least 50 people were found dead yesterday in a tractor-trailer near Lackland Air Force Base in San Antonio. This tragedy appears to be the deadliest migrant-smuggling operation in U.S. history, following the deadliest year on record for the border.
  • Fact Sheet

A Guide to Title 42 Expulsions at the Border

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...
  • Blog

Supreme Court Permits Biden to Terminate ‘Remain in Mexico’ Program

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...

  • Blog

In Blow to Asylum, House Appropriations Committee Greenlights Title 42

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...

  • Blog

Federal Judge Blocks Termination of Title 42: What You Need to Know

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...

  • 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”...

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