Border Enforcement

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

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

  • Special Report

DHS Progress Report: The Challenge of Reform

Publication Date: 
March 2, 2010
The month of March marks the seventh anniversary of the Department of Homeland Security (DHS) and its immigration agencies. It also marks the end of a sweeping internal review ordered by Secretary...
  • Research and Analysis

New Data on Federal Court Prosecutions Reveal Non-Violent Immigration Prosecutions Up

Publication Date: 
February 4, 2010
The Transactional Records Access Clearinghouse (TRAC) reports that federal immigration prosecutions rose to record levels during fiscal year...
  • Research and Analysis

Keeping Migrants Here: Recent Research Shows Unintended Consequences of U.S. Border Enforcement

Publication Date: 
June 17, 2009
The Department of Homeland Security released a report this week showing that apprehensions...
  • Fact Sheet

Money for Nothing: Immigration Enforcement without Immigration Reform Doesn’t Work

Publication Date: 
May 22, 2008
While the U.S. government has poured billions upon billions of dollars into immigration enforcement, the number of undocumented immigrants in the United States has increased dramatically. Rather than...
  • Fact Sheet

The Politics of Contradiction: Immigration Enforcement vs. Economic Integration

Publication Date: 
May 21, 2008
Since the mid-1980s, the federal government has tried repeatedly, without success, to stem the flow of undocumented immigrants to the United States with immigration-enforcement initiatives: deploying...
  • Special Report

Beyond Border Enforcement: Enhancing National Security Through Immigration Reform

Publication Date: 
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...
  • Research and Analysis

Is More Getting Us Less? Real Solutions for Securing our Border

Publication Date: 
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...
  • Research and Analysis

A Humanitarian Crisis at the Border: New Estimates of Deaths Among Unauthorized Immigrants

Publication Date: 
February 1, 2007
By Raquel Rubio-Goldsmith, M. Melissa McCormick, Daniel Martinez & Inez Magdalena Duarte
  • Special Report

The Rush to Limit Judicial Review

Publication Date: 
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...
  • Special Report

Border Insecurity: U.S. Border-Enforcement Policies and National Security

Publication Date: 
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...
  • FOIA Litigation

FOIA Lawsuit Seeking Disclosure of the CBP Officer’s Reference Tool

The Council and its partners filed suit after CBP failed to respond to a 2013 FOIA After the case was filed, CBP disclosed only a handful of documents—primarily, indices of two ORT chapters without any substantive information—and then moved for summary judgment, claiming that it was not required to search for or produce any additional documents.
  • Litigation

Challenging Unconstitutional Conditions in CBP Detention Facilities

The class-action lawsuit complaint alleges that Tucson Sector Border Patrol holds men, women, and children in freezing, overcrowded, and filthy cells for days at a time in violation of the U.S. Constitution and CBP’s own policies.
  • FOIA Litigation

Class Action Lawsuit Challenging CBP Delays in Responding to FOIA Requests

In March 2015, the American Immigration Council, in collaboration with the Law Office of Stacy Tolchin, the Northwest Immigrant Rights Project, and the National Immigration Project of the National Lawyers Guild, filed a class action lawsuit against CBP over its nationwide pattern and practice of failing to timely respond to requests under the Freedom of Information Act (FOIA). The plaintiffs included both immigration attorneys and individuals, all of whom had FOIA requests pending for over 20 business days.
  • Litigation

Lawsuit Seeking Damages on Behalf of Four-Year-Old U.S. Citizen Wrongly Detained and Returned to Guatemala

In March 2013, the American Immigration Council and Cleary, Gottlieb, Steen & Hamilton, later joined by the Legal Aid Justice Center, filed a lawsuit alleging that CBP officers at Dulles Airport in Virginia unlawfully detained a U.S. citizen child for more than twenty hours, deprived her of contact with her parents, and then effectively deported her to Guatemala. The case was one of ten complaints filed the same week to highlight CBP abuses along the northern and southern borders.
  • Litigation

Lawsuit Against DHS for Failure to Disclose Records on “Voluntary” Returns

In June 2012, the American Immigration Council, in collaboration with Hughes Socol Piers Resnick & Dym, filed suit against DHS and CBP for unlawfully withholding records concerning voluntary returns of noncitizens from the United States to their countries of origin. Voluntary return, also known as “administrative voluntary departure,” is a procedure whereby CBP officers permit noncitizens to voluntarily depart the United States at their own expense rather than undergoing formal removal proceedings. Noncitizens may be granted voluntary return to their countries of origin after conceding unlawful presence in the United States and knowingly and voluntarily waiving the right to contest removal.
  • FOIA

"Voluntary" Returns FOIA

Based on reports from immigration advocates, CBP officers do not always provide noncitizens with information regarding the consequences of accepting voluntary return...

  • Blog

The Border Isn’t Open. Just 1 in 3 People at the Border Last Year Could Access the Asylum Process.

October 26, 2021

The Department of Homeland Security (DHS) published new data last week showing that over the past 12 months, the Border Patrol has carried out nearly 1.7 million apprehensions at the southern...

  • Blog

Biden Administration Announces Plan for Reinstating the Migrant Protection Protocols

October 18, 2021

Two months after a federal court ordered the Biden administration to reinstate the so-called Migrant Protection Protocols (also known as “Remain in Mexico”), the administration announced that it...

  • Blog

Biden Administration Doubles Down On Title 42 As Del Rio Expulsions Draw to A Close

October 8, 2021

In September, nearly 15,000 Haitians arrived near Del Rio, Texas seeking asylum in the United States. But rather than allowing them to seek protection, as is their right under United States law,...

  • Blog

With New Florida Lawsuit, States’ Efforts to Dictate Federal Immigration Policy Continue

September 30, 2021

Florida Governor Ron DeSantis announced a new lawsuit on Tuesday seeking an order requiring the Biden administration to detain almost all people arriving at the Southwest border. It is the latest...

  • Blog

Del Rio Migrant Camp Shows How Biden Administration Is Not Living Up to Its Promises

September 21, 2021

Roughly 14,000 Haitians arrived at the border across from Del Rio, Texas in mid-September and walked across the Rio Grande to seek asylum. Many first left Haiti in 2010 following a devastating...

  • Blog

Turning Back Asylum Seekers is Against the Law, Court Finds

September 7, 2021

A federal court concluded Thursday that the U.S. government’s turning back of asylum seekers at ports of entry along the U.S.-Mexico border—primarily through a practice called metering—not only...

  • Blog

Supreme Court Refuses to Stop the Migrant Protection Protocols From Going Back Into Effect

August 25, 2021

The Supreme Court refused to block an order to reinstate the Migrant Protection Protocols, also known as the “Remain in Mexico” policy. The decision comes after a Texas judge halted the government...

  • Blog

Federal Court Orders Biden to Restore the ‘Remain in Mexico’ Program

August 16, 2021

The Trump administration’s Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program, inflicted extreme harm on vulnerable people seeking asylum at the border beginning in...

  • Blog

Texas’ Order to Pull Over Vehicles Carrying Migrants Likely Violates the Constitution, Judge Rules

August 6, 2021

A federal judge on Tuesday dealt an important blow to Texas Governor Greg Abbott’s flawed plan to stop migrants from entering and traveling through Texas. Governor Abbott issued an executive order...

  • Blog

Biden Administration Announces Plans to Ramp up Deportations of Families Arriving at the Border

July 28, 2021

As the number of families coming to the border has increased from June to July, the Biden administration is beginning yet another crackdown. Late on July 26, the Department of Homeland Security (...

  • Press Release

Newly Released Documents and Personal Testimonies Provide Evidence of Systematic Family Separations a Year After the End of Zero-Tolerance Policy

June 22, 2019
Newly obtained documents from the Department of Health and Human Services released today by immigrant rights groups and The Houston Chronicle show that migrant children continued to be separated from their parents at the border nearly one year after the end of the “zero tolerance” policy.
  • Press Release

Trump Administration’s Surveillance of Family Separation Protests Follows a Pattern of Harassment

April 29, 2019
Newly released government records reveal that the Department of Homeland Security monitored protest preparations across the United States and internationally in June 2018, as communities organized to oppose the Trump administration’s separation of children and parents at the southern border. The discovery follows other recent revelations that the government has been secretly monitoring activists, journalists, and immigrant rights defenders.
  • Press Release

Court Filing Seeks Information Regarding Retaliation Against Immigrants’ Rights Attorneys at Southern Border

February 27, 2019
The Southern Poverty Law Center, the Center for Constitutional Rights, and the American Immigration Council filed a motion late last week seeking information regarding possible U.S. government harassment and retaliation against the leadership of the immigrants’ rights organization Al Otro Lado.
  • Press Release

National Emergency Declaration is Unnecessary and Irresponsible

February 15, 2019
After months of threats, the longest government shutdown in history, and the passage of a bipartisan compromise on federal funding for homeland security, President Trump declared a national emergency to fund the building of a border wall without congressional approval. The president took this step despite strong bipartisan opposition to declaring a national emergency.
  • Press Release

Parents Ripped Apart from Their Children by Family Separation Policy File Claims Against Trump Administration

February 11, 2019
In their claims, the mothers describe the harrowing circumstances in which immigration officers ripped their children away from them.
  • Press Release

Trump Administration Plan to Keep Asylum Seekers in Mexico is the Invisible Wall that Puts Lives at Risk

December 20, 2018
The new policy would require many individuals seeking protection in the United States, including children and other vulnerable individuals, to remain in Mexico until their asylum claim is decided by an overwhelmingly backlogged U.S. immigration court system, potentially spending months or even years in life-threatening conditions.
  • Press Release

Administration’s Attempt to Restrict Asylum is Illegal and Un-American

November 8, 2018
The Trump administration revealed today a new interim final regulation that restricts access to asylum at the border, causing chaos and uncertainty for many seeking protection.
  • Press Release

New Legal Filing Links High-level Trump Officials to Asylum “Turnback Policy”

October 16, 2018
In a new court filing, asylum seekers and an immigrant rights group are challenging the Trump administration’s policy and practice of turning back asylum seekers at ports of entry along the U.S.-Mexico border
  • Press Release

American Immigration Council Condemns Administration's Proposal to Indefinitely Detain Children

September 6, 2018
The Trump administration proposed new regulations that could lead to the indefinite detention—and needless suffering—of asylum-seeking children.
  • Press Release

Complaint Details Coercive Tactics Used by Immigration Officials on Separated Parents

August 23, 2018
The complaint points to numerous examples, including that of Mrs. D.P., who was separated from her 9-year-old daughter for 47 days as a result of Attorney General Jeff Sessions' "zero-tolerance" border policy.
  • 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...

  • Policy Briefs

Ending Title 42 and Creating an Orderly Asylum System

Publication Date: 
April 6, 2022
The American Immigration Council appeared before Congress to address the effect of Title 42 on border operations and management and to provide recommendations on creating an orderly humanitarian...
  • 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...

  • 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.
  • 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...

  • Blog

Immigration and Customs Enforcement Issues Annual Report—What Does It Really Mean?

March 18, 2022

Last week, Immigration and Customs Enforcement (ICE) released its fiscal year 2021 annual report. In it, the agency reported a significant decrease in both overall deportations and internal...

  • 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...
  • Blog

Dueling Court Orders May Decide Fate of President Biden’s Title 42 Expulsions

March 8, 2022

In just under two years, U.S. Customs and Border Protection (CBP) has carried out over 1.5 million rapid “expulsions” of asylum seekers and migrants at the U.S.-Mexico border under Title 42, a...

  • Blog

New Border Surveillance Technology Raises Privacy Concerns and Could Increase Deaths

March 4, 2022

The Department of Homeland Security (DHS) recently announced that it has been developing and testing robot dogs for use by U.S. Customs and Border Patrol (CBP) at the U.S.-Mexico border. The...

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