Border Enforcement

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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.
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...

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...
February 3, 2017
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.
January 25, 2017
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.
January 25, 2017
Since the last major overhaul of the U.S. immigration system in 1986, the federal government has spent an estimated $263 billion on immigration enforcement.
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.
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.
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.
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...
Asylum seekers are being illegally turned away by Customs and Border Protection officers. We're suing.
This case stems from Immigration and Customs Enforcement's (ICE) decision to bar Caroline Perris, a full-time legal assistant with the Dilley Pro Bono Project (DPBP), from entering the South Texas Family Residential Center in Dilley, Texas.
May 25, 2017
This petition, jointly filed by the Council and the American Immigration Lawyers Association, seeks to provide access to legal counsel for the following individuals.
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.
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.
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.
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.

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

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.
July 19, 2017
This practice advisory will address the Supreme Court’s Travel Ban decision and detail how DOS and DHS are implementing those portions of EO-2 that are no longer enjoined.
February 21, 2017

This Practice Advisory addresses the coming expansion of expedited removal, who likely will be impacted, and possible ways to challenge an expedited removal order. The National Immigration Project...

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.
August 7, 2017

The recent deaths of ten migrants who suffocated in the back of a tractor trailer as they were allegedly being smuggled into the United States has brought renewed attention to the grave risks...

August 2, 2017

U.S. Customs and Border Protection (CBP), the nation’s largest federal law-enforcement agency, has a long history of violating constitutional and other rights of both immigrants and U.S. citizens...

July 31, 2017

The House of Representatives passed a spending bill last week which included $1.6 billion for expansion of a southern border wall. The bill, which passed largely along party lines, will now move...

July 21, 2017

Now that we have passed the six-month mile marker of the new administration, the wheels of immigration enforcement have had a chance to settle into their new rhythms. Enforcement targets have...

July 19, 2017

In the first week of his presidency, through executive orders, the president laid out harsh proposals for immigration enforcement and border security. However, much of what the president proposes...

July 14, 2017

The House of Representatives unveiled their Fiscal Year 2018 budget for the Department of Homeland Security (DHS) this week, which allocates $1.6 billion to begin construction of a border wall...

July 12, 2017

Men, women, and children fleeing persecution, grave violence, and even death arrive daily at Ports of Entry (POE) all along the U.S.-Mexico border and present themselves to U.S. Customs and Border...

July 6, 2017

Immigration and Customs Enforcement (ICE) officials recently confirmed their plans to initiate criminal prosecutions and deportation proceedings against immigrant parents and guardians who help...

June 27, 2017

Over the past two decades, much of the immigration policy debate has focused on issues related to immigration enforcement. In fact, many argue that “enforcement first”—the notion that we must...

June 22, 2017

Since the Trump administration announced its crackdown on undocumented immigrants, stories of individuals abruptly deported have pervaded the news. The accounts of longtime residents who have...

August 16, 2017
The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum.
June 2, 2017
Access to legal counsel is a core American value and is the cornerstone of our justice system. Yet, Immigration and Customs Enforcement (ICE) has severely limited access to legal assistance for asylum-seeking women and children held in family detention facilities.
May 25, 2017
AILA and the Council have petitioned the Department of Homeland Security and the Department of State to issue new regulations that will ensure all immigrants have access to legal counsel in secondary and deferred inspection, as well as overseas consular interviews.
February 17, 2017
The memo calls for the expansion of detentions and deportations, the hiring of more Border Patrol agents, the use of State National Guards, the building of a border wall, and the creation of new barriers for asylum seekers, among other provisions.
December 21, 2016
The American Immigration Lawyers Association (AILA), represented by the American Immigration Council and Foley & Lardner LLP, filed a lawsuit to compel U.S. Customs and Border Protection's (CBP) compliance with the Freedom of Information Act (FOIA), and to request release of the CBP Officer's Reference Tool (ORT).
November 18, 2016
A federal district court found that U.S. Customs and Border Protection is violating the constitutional rights of people detained in holding facilities in Arizona and ordered the government to take steps to improve conditions in these facilities, known as hieleras.
October 5, 2016
In accordance with a settlement reached by the parties, a federal district court dismissed a class action lawsuit which challenged U.S. Customs and Border Protection’s (CBP) nationwide practice of failing to timely respond to requests for case information under the Freedom of Information Act (FOIA).
August 18, 2016
Today, groups made public damning evidence, including expert testimony and video stills illustrating the deplorable and unconstitutional conditions detained individuals are subjected to in Border Patrol custody in the agency’s Tucson Sector.
July 19, 2016
A class action lawsuit was filed by three immigration attorneys and eleven noncitizens challenging U.S. Customs and Border Protection’s nationwide practice of failing to timely respond to requests for case information under the Freedom of Information Act.
July 7, 2016
The American Immigration Council and the American Immigration Lawyers Association commented on the decision from the Ninth Circuit Court of Appeals affirming that the nearly 20-year-old Flores Settlement Agreement governs the custody and release of all immigrant children, and that the Obama Administration’s family detention practices violate that agreement.
August 16, 2017
The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum.
August 7, 2017

The recent deaths of ten migrants who suffocated in the back of a tractor trailer as they were allegedly being smuggled into the United States has brought renewed attention to the grave risks...

August 2, 2017

U.S. Customs and Border Protection (CBP), the nation’s largest federal law-enforcement agency, has a long history of violating constitutional and other rights of both immigrants and U.S. citizens...

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.
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.
July 31, 2017

The House of Representatives passed a spending bill last week which included $1.6 billion for expansion of a southern border wall. The bill, which passed largely along party lines, will now move...

July 21, 2017

Now that we have passed the six-month mile marker of the new administration, the wheels of immigration enforcement have had a chance to settle into their new rhythms. Enforcement targets have...

July 19, 2017

In the first week of his presidency, through executive orders, the president laid out harsh proposals for immigration enforcement and border security. However, much of what the president proposes...

July 19, 2017
This practice advisory will address the Supreme Court’s Travel Ban decision and detail how DOS and DHS are implementing those portions of EO-2 that are no longer enjoined.
July 14, 2017

The House of Representatives unveiled their Fiscal Year 2018 budget for the Department of Homeland Security (DHS) this week, which allocates $1.6 billion to begin construction of a border wall...

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