Border Enforcement

Recent Features

  • Special Report

Understanding the Central American Refugee Crisis

The unprecedented levels of crime and violence that have overwhelmed the Northern Triangle countries in recent years have produced a refugee situation for those directly in the line of fire, making no amount of danger or chance of deportation sufficient to dissuade those victims from leaving.

  • Special Report

Hieleras (Iceboxes) in the Rio Grande Valley Sector

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

  • Fact Sheet

Removal Without Recourse: The Growth of Summary Deportations from the United States

The deportation process has been transformed drastically over the last two decades. Today, two-thirds of individuals deported are subject to what are known as “summary removal procedures,” which deprive them of both the right to appear before a judge and the right to apply for status in the United States.

All Border Enforcement Content

  • Special Report

The Impact of COVID-19 on Noncitizens and Across the U.S. Immigration System

September 30, 2020
This report identifies disruptions throughout the immigration system because of the COVID-19 pandemic and makes recommendations for improvements to the federal government’s response.
  • Fact Sheet

The Cost of Immigration Enforcement and Border Security

July 7, 2020
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.
  • Fact Sheet

Prosecuting People for Coming to the United States

January 10, 2020
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-...
  • Fact Sheet

The High Cost and Diminishing Returns of a Border Wall

September 6, 2019
The fact is that building a fortified and impenetrable wall between the United States and Mexico is unnecessary, complicated, ineffective, expensive, and would create a host of additional problems.
  • Fact Sheet

A Primer on Expedited Removal

July 22, 2019
Expedited removal is a process by which low-level immigration officers can quickly deport certain noncitizens who are undocumented or have committed fraud or misrepresentation.
  • Fact Sheet

The End of Immigration Enforcement Priorities Under the Trump Administration

March 7, 2018
Enforcement of U.S. immigration laws has historically been guided by policies that emphasize prioritization. However, this practice has largely been abandoned since the inauguration of President...
  • Special Report

Deportations in the Dark

September 19, 2017
Mexican migrants suffer a host of violations, abuses, and ill treatment while in the custody of U.S. immigration authorities.
  • Special Report

Still No Action Taken: Complaints Against Border Patrol Agents Continue to Go Unanswered

August 2, 2017
This report raises more concerns about misconduct throughout Border Patrol sectors and shows Customs and Border Patrol has made little progress in its efforts to improve accountability.
  • Special Report

Why Caution is Needed Before Hiring Additional Border Patrol Agents and ICE Officers

April 24, 2017

The last time the Border Patrol received a large infusion of money to hire thousands of new agents, cases of corruption and misconduct spiked in the agency. New hires were not sufficiently vetted...

  • Fact Sheet

Summary of Executive Order “Border Security and Immigration Enforcement Improvements”

February 27, 2017
The provisions in the order pose serious concerns for the protection and due process rights of those currently residing in the United States, communities along the U.S-Mexico border, and vulnerable...
  • FOIA Litigation

Council Sues Trump Administration for Records on Treatment of Migrant Children During COVID-19 Pandemic

U.S. Customs and Border Protection may have mistreated migrant children when implementing the Centers for Disease Control and Prevention interim final rule that suspends people from entering the United States due to the COVID 19 pandemic.
  • FOIA Litigation

Lawsuit Demands Records on U.S. Immigration Enforcement’s Role in Protests Following the Killing of George Floyd

Given the agency’s history of civil and human rights abuses that have largely gone unchecked, and the possibility of continued deployments, there is an urgent need for further information about CBP’s participation in these law enforcement efforts.
  • FOIA

Investigating Border Patrol’s Militarized Raids on Humanitarian Aid Station

This Freedom of Information Act request seeks to uncover Customs and Border Protection’s actions and further expose its militarized response to the provision of humanitarian aid.
  • Advocacy

Comments on U.S. Customs and Border Protection Records Destruction Schedule

September 30, 2020

U.S. Customs and Border Protection (CBP) is attempting to permanently destroy records related to civil rights complaints against the agency, administrative and criminal investigations into...

  • FOIA

Demanding Records on the Unlawful Detention, Expulsion and Deportation of Migrant Youth During the COVID-19 Pandemic

This request would show whether CBP is violating statutory protections intended for these youth.
  • Advocacy

Comment on Security Bars and Processing Regulation

August 5, 2020

The American Immigration Council and the American Immigration Lawyers Association submitted a comment opposing the regulation "Security Bars and Processing." 

...

  • FOIA

Demanding Records on CBP’s Deployment to U.S. Cities During Racial Justice Protests

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.
  • Advocacy

Letter Demands ICE Release Families Detained During COVID-19 Pandemic

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...

  • FOIA Litigation

FOIA Lawsuit Demands Information About CBP Officers’ Role in Credible Fear Interview Process

This lawsuit seeks to uncover information about the government’s troubling new practice of employing U.S. Custom and Border Protection officers to screen asylum seekers.
  • 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.
  • 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

Bivens Basics: An Introductory Guide for Immigration Attorneys

August 20, 2018
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

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

"Arriving Aliens" and Adjustment of Status

November 1, 2015
This Practice Advisory discusses the impact of an interim rule repealing two former regulations which barred all “arriving aliens” from adjusting status if they are in removal proceedings. This Advisory provides a brief history leading to the rule, defines key terms, discusses the impact of the rule, and suggests steps that a parolee can take to benefit from the rule.
  • 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

‘We Had a Shortage Last Night of Beds for Babies.’ Congressional Report Reveals Cruelty, Chaos of Family Separation

October 30, 2020

Congress released the “first complete narrative” on the Trump administration’s “Zero Tolerance” policy on October 30. This hallmark of President Trump’s immigration legacy led to the forcible...

  • Blog

The Government Wants Immigrants to Show Up for Court—But Neglects to Tell Them How to Attend Their Hearings

October 29, 2020

Over 60,000 people at the southern border have been forced to return to Mexico under the Trump administration’s Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program. As...

  • Blog

The Senate Reveals CBP Violated the Law by Rounding Up Migrants — In Guatemala

October 19, 2020

As the Trump administration cracked down on migrants at the U.S.-Mexico border, it has often invoked the concept of “national sovereignty” to justify drastic policy changes. But a new Senate...

  • Blog

Border Patrol is Going After Humanitarian Aid in the Arizona Desert—Again

October 15, 2020

U.S. Customs and Border Protection (CBP) launched another military-style raid on a humanitarian aid station in the Arizona desert, close to the U.S.-Mexico border. On October 5, Border Patrol...

  • Blog

This Immigration Enforcement Agency Wants To Destroy Records on Abuses by Its Own Agents

October 2, 2020

U.S. Customs and Border Protection (CBP) plans to destroy thousands of records documenting abuse and misconduct by its agents. The agency has requested that the National Archives and Records...

  • Blog

Institutional Racism Is Rampant in Immigration Enforcement at the U.S.-Mexico Border

September 2, 2020

A Black former U.S. diplomat recently shared her experience of months of racial profiling by U.S. Customs and Border Protection (CBP) officials while she was stationed at the U.S. Consulate in...

  • Blog

Judge Says “Poppycock!” to Trump Program That Let Border Patrol Screen Asylum Applicants

September 1, 2020

A federal court on Monday halted a secretive program started under the Trump administration that allowed Border Patrol agents to be harsh gatekeepers to the asylum process. The court rejected the...

  • Blog

Where Does Trump Get the Money to Build the Border Wall? Not From Steve Bannon

August 24, 2020

Over 250,000 Americans donated a total of $25 million to the “We Build the Wall” campaign, a crowdfunding effort led in part by former White House Adviser Steve Bannon. The campaign alleged that...

  • Blog

Cuccinelli and Wolf Were Found Ineligible to Serve at DHS. What Happens Next?

August 20, 2020

The Department of Homeland Security’s (DHS) top two officials are under scrutiny once again after a congressional oversight office found they were unlawfully appointed to their positions. The...

  • Blog

Asylum Seekers Face a Dangerous Journey—and United States Interference

August 19, 2020

For many people planning to seek asylum in the United States, enforcement starts in Panama, over 3,000 miles south of the U.S.-Mexico border. U.S. immigration agencies collaborate with Panama’s...

  • Press Release

Lawsuit Demands Records on the Treatment of Migrant Children at the Border During COVID-19 Pandemic

October 30, 2020
Children and immigration advocacy groups filed a lawsuit in the Northern District of Illinois against CBP requesting information about the agency’s implementation of the CDC rule suspending people from entering the United States due to the COVID 19 pandemic and its specific impact on unaccompanied migrant children fleeing harm and seeking protection in the United States.
  • 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.
  • Blog

‘We Had a Shortage Last Night of Beds for Babies.’ Congressional Report Reveals Cruelty, Chaos of Family Separation

October 30, 2020

Congress released the “first complete narrative” on the Trump administration’s “Zero Tolerance” policy on October 30. This hallmark of President Trump’s immigration legacy led to the forcible...

  • FOIA Litigation

Council Sues Trump Administration for Records on Treatment of Migrant Children During COVID-19 Pandemic

U.S. Customs and Border Protection may have mistreated migrant children when implementing the Centers for Disease Control and Prevention interim final rule that suspends people from entering the United States due to the COVID 19 pandemic.
  • Press Release

Lawsuit Demands Records on the Treatment of Migrant Children at the Border During COVID-19 Pandemic

October 30, 2020
Children and immigration advocacy groups filed a lawsuit in the Northern District of Illinois against CBP requesting information about the agency’s implementation of the CDC rule suspending people from entering the United States due to the COVID 19 pandemic and its specific impact on unaccompanied migrant children fleeing harm and seeking protection in the United States.
  • Blog

The Government Wants Immigrants to Show Up for Court—But Neglects to Tell Them How to Attend Their Hearings

October 29, 2020

Over 60,000 people at the southern border have been forced to return to Mexico under the Trump administration’s Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program. As...

  • FOIA Litigation

Lawsuit Demands Records on U.S. Immigration Enforcement’s Role in Protests Following the Killing of George Floyd

Given the agency’s history of civil and human rights abuses that have largely gone unchecked, and the possibility of continued deployments, there is an urgent need for further information about CBP’s participation in these law enforcement efforts.
  • Blog

The Senate Reveals CBP Violated the Law by Rounding Up Migrants — In Guatemala

October 19, 2020

As the Trump administration cracked down on migrants at the U.S.-Mexico border, it has often invoked the concept of “national sovereignty” to justify drastic policy changes. But a new Senate...

  • Blog

Border Patrol is Going After Humanitarian Aid in the Arizona Desert—Again

October 15, 2020

U.S. Customs and Border Protection (CBP) launched another military-style raid on a humanitarian aid station in the Arizona desert, close to the U.S.-Mexico border. On October 5, Border Patrol...

  • FOIA

Investigating Border Patrol’s Militarized Raids on Humanitarian Aid Station

This Freedom of Information Act request seeks to uncover Customs and Border Protection’s actions and further expose its militarized response to the provision of humanitarian aid.
  • Blog

This Immigration Enforcement Agency Wants To Destroy Records on Abuses by Its Own Agents

October 2, 2020

U.S. Customs and Border Protection (CBP) plans to destroy thousands of records documenting abuse and misconduct by its agents. The agency has requested that the National Archives and Records...

  • Advocacy

Comments on U.S. Customs and Border Protection Records Destruction Schedule

September 30, 2020

U.S. Customs and Border Protection (CBP) is attempting to permanently destroy records related to civil rights complaints against the agency, administrative and criminal investigations into...

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