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

  • 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.
  • Special Report

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

May 27, 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

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

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.
  • Litigation

Challenging the Expansion of Expedited Removal

The Trump administration wants to increase its power to deport immigrants without a fair day in court through expedited removal. We’re suing.
  • Advocacy

Why the Government Should End the Migrant Protection Protocols Policy

February 6, 2019
The Migrant Protection Protocols (MPP)—also commonly known as the "Remain in Mexico" policy—will put asylum seekers at grave risk of harm by forcing them to remain in Mexico pending their request for protection. Due to these concerns, immigration advocates submitted a letter to the government with first-hand testimonies of ten families attesting to the violence and harm–including rape, beatings, kidnappings, and ransom–they faced on the Mexican side of our southern border.
  • Advocacy

The Illegal and Systematic Practice of Coercing Separated Families Must Be Investigated

August 23, 2018

The Trump administration’s “zero tolerance” immigration policy led to not only to the forcible separation of thousands of children from their parents, but the extreme duress and coercion of...

  • FOIA Litigation

FOIA Seeks Information Regarding CBP Responses to Complaints of Officer Abuse

This lawsuit seeks to compel U.S. Customs and Border Protection (CBP) to release records relating to CBP’s complaint process and actions taken in response to complaints made to CBP concerning its agents and officers since January 1, 2012.
  • Litigation & Advocacy

Statement for Senate Committee on the Judiciary Hearing “Oversight of Immigration Enforcement and Family Reunification Efforts.”

July 31, 2018
The American Immigration Council submitted a written statement to the Senate Committee on the Judiciary for a July 31, 2018 hearing on “Oversight of Immigration Enforcement and Family Reunification Efforts.”
  • Litigation

Demanding Answers from ICE and CBP Regarding Their Aggressive Immigration Enforcement Tactics

The American Immigration Council filed a Freedom of Information Act (FOIA) request with ICE and CBP on October 13, 2017, seeking data on enforcement actions and outcomes since January 2016. With this data, the Council will be able to assess who is being targeted for removal and what the consequences are of the current enforcement framework.
  • Litigation

Uncovering the Government’s Internal Family Separation Policies, Guidance, and Data

This lawsuit seeks to compel government agencies to produce documents regarding family separation policies.
  • FOIA Litigation

U.S. Customs and Border Protection’s Port of Entry Practices FOIA Lawsuit

In the year and a half since the FOIA request was filed, CBP largely failed to provide any records in response to the request. On June 11, 2018, the Council, represented by O’Melveny & Myers LLP, filed a lawsuit to compel DHS and CBP to comply with FOIA and to release additional records related to the 2016 request.
  • 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

Trump Labels Asylum Seekers as National Security Threat in Expanded Asylum Bar

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...

  • Blog

Court Orders ICE to End Its Practice of Unlawfully Detaining Immigrant Youth

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....

  • Blog

Inspector General Report Overlooks Serious Medical Care Issues Within Border Patrol Custody

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...

  • Blog

The Government Said It Wouldn’t Separate Families at Ports of Entry. It Was Lying.

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...

  • Blog

5 Ways Trump’s Anti-Immigrant Agenda Gets in the Way of an Effective Coronavirus Response

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...

  • Blog

Trump Is Using the Coronavirus Pandemic as an Excuse to Permanently Close the Borders

May 26, 2020

The Trump administration has indefinitely extended its ban on immigration at U.S. land borders.  The order was also expanded to include immigrants arriving at coastal ports. The ban is based on an...

  • Blog

Two Years After Zero Tolerance, More Revelations About the Failures of Family Separation

April 2, 2020

Nearly two years after the “zero tolerance” policy was announced, evidence condemning the practice and implementation of family separation continues to mount. A recent report from the U.S....

  • Blog

How Coronavirus is Changing US Asylum Policy at the Border

March 23, 2020

The Trump administration detailed its plans to begin rapidly deporting to Mexico people encountered at or near the southern border—without any due process—as the coronavirus continues to spread...

  • Blog

CBP Hides Itself from Public View and Lacks Accountability

March 18, 2020

U.S. Customs and Border Protection (CBP) has historically conducted immigration enforcement along our borders. In this role, the agency has developed a reputation for overuse and abuse of its...

  • Blog

DHS Reveals New Details of Secretive Asylum Programs PACR and HARP

March 11, 2020

The Department of Homeland Security (DHS) revealed new information this week about two asylum programs  at the U.S.-Mexico border. These programs are under scrutiny because they make it almost...

  • 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.
  • Press Release

Lawsuit Demands Information on the Expansion of CBP’s Role in the Screening of Asylum Seekers

October 2, 2019
The American Immigration Council and Tahirih Justice Center filed a Freedom of Information Act lawsuit in federal court to compel the government to release records about the Trump administration’s troubling new practice of allowing U.S. Customs and Border Protection officers to screen individuals seeking asylum in the United States. The lawsuit seeks these documents to shed light on changes to the asylum screening process, CBP’s role in conducting interviews and making determinations regarding an asylum seeker’s “credible fear” of persecution, and the measures taken by CBP, U.S. Citizenship and Immigration Services, and the Department of Homeland Security to implement this new practice.
  • Press Release

After SCOTUS Ruling, Asylum Seekers Ask Court for Protection

September 26, 2019
Immigrant rights attorneys moved to block the Trump administration’s Asylum Ban from affecting tens of thousands of migrants who have already attempted to access the U.S. asylum process before the ban was implemented. With limited exceptions, the Asylum Ban prohibits anyone who traveled through a third country and did not seek protection there from obtaining asylum here. The request filed today is in the ongoing case challenging the Trump administration’s policy of turning back asylum seekers at ports of entry on the U.S.-Mexico border, including the “metering” policy.
  • Blog

Trump Labels Asylum Seekers as National Security Threat in Expanded Asylum Bar

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...

  • 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.
  • Blog

Court Orders ICE to End Its Practice of Unlawfully Detaining Immigrant Youth

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....

  • Blog

Inspector General Report Overlooks Serious Medical Care Issues Within Border Patrol Custody

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...

  • Blog

The Government Said It Wouldn’t Separate Families at Ports of Entry. It Was Lying.

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...

  • Blog

5 Ways Trump’s Anti-Immigrant Agenda Gets in the Way of an Effective Coronavirus Response

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...

  • 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.
  • Special Report

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

May 27, 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.
  • Blog

Trump Is Using the Coronavirus Pandemic as an Excuse to Permanently Close the Borders

May 26, 2020

The Trump administration has indefinitely extended its ban on immigration at U.S. land borders.  The order was also expanded to include immigrants arriving at coastal ports. The ban is based on an...

  • 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.

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending