Border Enforcement

Recent Features

TESTIMONY
Providing Perspective on the Application of Immigration Law at the US Southwest Border

The reality at the U.S. southern border is complicated. Dive into the role and authority of the executive branch and immigration enforcement agencies. 

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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.

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All Border Enforcement Content

  • Special Report

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

Publication Date: 
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”

Publication Date: 
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...
  • Special Report

Deported with No Possessions

Publication Date: 
December 21, 2016
Too often, some or all of a detainee’s belongings are lost, destroyed, or stolen by the immigration-enforcement agents entrusted with their care.
  • Special Report

Divided by Detention: Asylum-Seeking Families’ Experiences of Separation

Publication Date: 
August 31, 2016
This report examines what happens when “family detention” does not actually keep loved ones together and profiles the experiences of five asylum-seeking families who are divided by detention.
  • Special Report

Detained Beyond the Limit

Publication Date: 
August 18, 2016
This report reveals that individuals are frequently held for days and sometimes even months in holding cells in Border Patrol sectors along the U.S.’ southwest border.
  • Special Report

Understanding the Central American Refugee Crisis

Publication Date: 
February 1, 2016
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...
  • Special Report

Hieleras (Iceboxes) in the Rio Grande Valley Sector

Publication Date: 
December 17, 2015
These accounts reveal the dehumanizing conditions to which these women were subjected while in Border Patrol custody.
  • Fact Sheet

Way Too Long: Prolonged Detention in Border Patrol Holding Cells, Government Records Show

Publication Date: 
June 10, 2015

Each year, the Border Patrol, a division of U.S. Customs and Border Protection (CBP), holds hundreds of thousands of people in detention facilities near the southern border that are...

  • Special Report

No Action Taken: Lack of CBP Accountability in Responding to Complaints of Abuse

Publication Date: 
May 4, 2014
Of the 809 complaints of alleged abuse lodged against Border Patrol agents between January 2009 and January 2012, 97 percent resulted in “No Action Taken.” On average, CBP took 122 days to arrive at...
  • Fact Sheet

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

Publication Date: 
April 28, 2014
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...
  • 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.
  • Declaration

Council Submits Declaration in Deportation Moratorium Case, Explaining the Complex System of Enforcement and Removal

Publication Date: 
February 12, 2021
The Council submitted this declaration in support of the ACLU's defense of the Biden Administration's moratorium on deportations. This declaration explains how the removal and detention system works.
  • 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." 

...

  • Blog

New Report Uncovers CBP’s Role in Policing Racial Justice Protests in Summer 2020

September 21, 2023

Co-Authors: Emily Creighton and Tsion Gurmu In the summer of 2020, after George Floyd’s murder, racial justice protests took hold in cities throughout the country. The massive mobilization...

  • Blog

Fifth Circuit Allows Texas to Keep Its Controversial ‘Buoy Barrier’ in Place for Now

September 14, 2023

Since President Biden took office, Texas Governor Greg Abbott has been escalating both rhetoric and action in response to a rise in migration across the Rio Grande. Right now, challenges to his...

  • Blog

CBP’s Continued ‘Turnbacks’ Are Sending Asylum Seekers Back to Lethal Danger

August 10, 2023

On April 8, a family came to the San Ysidro port of entry in Tijuana and asked to be let into the United States to seek asylum. The husband’s arm was bleeding. He’d been shot. The cartel that had...

  • Blog

Lawsuit Challenging Texas’ Floating Barrier Raises Questions About Its Other Border Policies

August 1, 2023

The post Lawsuit Challenging Texas’ Floating Barrier Raises Questions About Its...

  • Blog

The True Impact of Biden’s Asylum Transit Ban

July 28, 2023

On Tuesday, a federal judge ruled that the Biden administration’s asylum transit ban was illegal and should be vacated. The ruling isn’t in effect yet – it was delayed for 14 days and may be...

  • Blog

Biden’s Asylum Transit Ban – Where Are We Now?

June 29, 2023

The end of the COVID-19 public health emergency back in May meant an end to Title 42. That policy, grounded in an obscure public health law, was put in place by the Trump administration in March...

  • Blog

House GOP Lays out Flimsy Case for Mayorkas Impeachment

June 15, 2023

Over the last two years, the House GOP has become increasingly vocal about their disagreements with the Biden administration on immigration and border policy. In recent weeks, this disagreement...

  • 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...

  • Press Release

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

October 24, 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

Texas Governor’s Political Stunt Emboldens Extremists and Violates the Law

July 7, 2022
In a dangerous defiance of federal authority over immigration law, Texas Governor Greg Abbott issued an executive order declaring an "invasion” at the border and authorizing the Texas National Guard and the Texas Department of Public Safety to return migrants into custody for violations of federal law and then transport them to a border port of entry.
  • 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.
  • Fact Sheet

The Cost of Immigration Enforcement and Border Security

Publication Date: 
August 14, 2024
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.
  • Blog

Kamala Harris’ Opportunity to Reframe the Immigration Conversation

July 23, 2024

The American Immigration Council does not endorse or oppose candidates for elected office. We aim to provide analysis regarding the implications of the election on the U.S. immigration system. As...

  • Blog

Why Are Border Crossings at Their Lowest Level in Four Years?

July 19, 2024

Border crossings are at their lowest in four years. Is the Biden administration’s executive action working as intended—or is there another factor at play? Apprehensions at the U.S.-Mexico border...

  • Comments

Council and AILA submit Comments on Interim Final Rule Restricting Access to Humanitarian Protections at the U.S./Mexico Border

July 17, 2024
In June of 2024, the American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a joint comment urging the Biden administration to rescind this IFR.
  • Comments

Council and AILA Submit Comment on the Application of Certain Mandatory Bars in Fear Screenings

June 30, 2024
The American Immigration Council and the American Immigration Lawyers Association (AILA) submitted comments to a Department of Homeland Security and Department of Justice proposed rule that would apply certain bars to asylum during asylum seekers' credible and reasonable fear screenings.
  • FOIA

The Council Seeks Records on How the Government Interdicts Migrants at Sea

The American Immigration Council filed requests for records under the Freedom of Information Act (FOIA) with the U.S. Coast Guard (USCG), the U.S. Department of Homeland Security (DHS), and the U.S. Citizenship and Immigration Services (USCIS) to learn about the process migrants go through after they are interdicted by U.S. Coast Guard personnel.
  • Blog

Border Patrol’s 100th Anniversary Offers Chance to Look Back at Its Disturbing Origins

June 7, 2024

The U.S. Border Patrol turned 100 years old on May 28. Its troubled origins and history form the backdrop for contemporary concerns about the agency, including impunity for abuses against migrants...

  • Blog

Biden’s New Changes to the Asylum Process: What You Need to Know

June 5, 2024

On June 4, President Biden issued a sweeping order under section 212(f) of the Immigration and Nationality Act claiming that allows him to “suspend the entry” of most migrants who cross the border...

  • Fact Sheet

An American Immigration Council Analysis of the President’s 212(f) Proclamation and Interim Final Rule Restricting Asylum

Publication Date: 
June 5, 2024
On June 4, the Biden administration issued a presidential proclamation and an Interim Final Rule restricting access to asylum for people crossing into the United States without legal status. The...
  • Press Release

Biden's Executive Action Will Not Make Border More Orderly or Secure

June 5, 2024
The U.S. government needs to be able to quickly and fairly sort out migrants who have a valid asylum claim, but instead of investing in U.S. ports of entry, immigration courts, or more options for legal migration, the order focuses on harsh and arbitrary turnbacks.

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