Enforcement

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

Recent Features

All Enforcement Content

October 21, 2020
Sanctuary policies do not conceal or shelter unauthorized immigrants from detection. Here's what you need to know about these policies.
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.
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.
July 2, 2020
Through the 287(g) program, state and local police officers collaborate with the federal government to enforce federal immigration laws. In the past, the 287(g) program has been costly for localities...
January 29, 2020
This fact sheet explains the complicated interplay and application of protection and border processing policies.
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-...
January 2, 2020
This fact sheet describes the populations, duration, and conditions for noncitizens detained in the United States by department.
November 22, 2019
Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
September 13, 2019
This fact sheet gives a brief overview of the process individuals must undergo to seek release from immigration detention.
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.
November 12, 2020
The amicus brief in Pham v. Guzman Chavez urges the Supreme Court to find that the pre-final order detention statute applies to detained noncitizens with prior removal orders who have meritorious claims for a form of humanitarian protection known as withholding of removal.
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.
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.
October 22, 2020
The brief argues that DHS’ service practices for MPP tear sheets deny respondents their statutory right to notice of the time and place of their removal proceedings, their statutory right to a full and fair hearing, and, consequently, due process of law.
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.
October 13, 2020
The American Immigration Council, the Immigration Defense Clinic at Colorado Law, and the American Immigration Lawyers Association, submitted a comment in opposition to the Department of Homeland Security proposed rule on the "Collection and Use of Biometrics by U.S. Citizenship and Immigration Services."

The Council filed a Freedom of Information Act (FOIA) lawsuit on behalf of the University of California (UCLA) School of Law Professor Ingrid Eagly seeking to uncover the scope and operation of...

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...

September 15, 2020
This new rule will increase the total number of people who are required to submit biometric data from 3.9 million currently to 6.07 million—an increase of more than 60%.
This request would show whether CBP is violating statutory protections intended for these youth.
April 22, 2020
This practice advisory discusses the standards of review that the Board of Immigration Appeals is required to employ when it reviews appeals of immigration judge decisions.
July 11, 2019
These template materials will assist attorneys representing individuals with final removal orders issued by the Executive Office for Immigration Review.
July 3, 2019
Immigration courts must continue to provide bond hearings to individuals fleeing persecution who enter the United States without inspection, are placed in expedited removal proceedings, and pass their credible fear interviews.
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.
February 27, 2019
This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens.
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.
September 11, 2017
This practice advisory addresses the TPS recipients who are most likely to benefit from Ramirez and Flores; other general categories of family and employment-based adjustment applicants who benefit from these two decisions; and options that may be available to TPS recipients who do not live within these two circuits.
August 1, 2017
This Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law.
August 1, 2017
This Practice Advisory discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained through constitutional violations by state and local officers seeking to enforce immigration law.
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.
November 19, 2020

For years, the Trump administration has argued that limited capacity at ports of entry led to its policy of turning back asylum seekers at the U.S.-Mexico border (the “turnback policy”). But a...

November 18, 2020

The Trump administration announced on November 17 that it plans to start denying work permits to people who have been ordered deported, but who have been released from immigration custody because...

November 11, 2020

Immigration detention was dangerous before President Trump took office four years ago. His policies—coupled with a deadly global pandemic—have only made the situation more dire. Immigration...

November 5, 2020

As the COVID-19 pandemic continues to rage inside ICE detention centers, hundreds of Cubans who cannot be deported, continue to be detained by U.S. Immigration and Customs Enforcement (ICE). They...

November 3, 2020

In the final run up to the presidential election, the Trump administration has reinvigorated its attacks on undocumented immigrants in the United States by targeting so-called “sanctuary” policies...

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...

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...

October 28, 2020

Once a year, National Pro Bono Week celebrates the pro bono work of lawyers, paralegals, and law students. Pro bono legal services—which come at no cost—are integral for many people otherwise left...

October 26, 2020

U.S. Immigration and Customs Enforcement (ICE) continues to mismanage the spread of the coronavirus in its facilities nationwide—and the consequences might be far more deadly than the agency wants...

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...

November 12, 2020
The American Immigration Council, other immigrant rights organizations, and legal service providers filed a friend-of-the-court (or amicus) brief with the U.S. Supreme Court. The brief urges the justices to find that immigrants who seek humanitarian protection from removal should have access to bond hearings—instead of being subjected to mandatory detention.
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.
October 28, 2020
Civil and immigrants’ rights organizations filed a FOIA lawsuit today in the Eastern District of New York against CBP demanding information about the federal agency’s involvement in domestic policing at protests, demonstrations, and gatherings across the United States following the killing of George Floyd by police officers in Minnesota.
September 15, 2020
AILA and the American Immigration Council are calling on Congress to initiate an immediate and thorough investigation into conditions and medical care at ICE detention centers following the disturbing news reports yesterday about the lack of COVID-19 protections and inadequate medical care, including a report that a number of women detained at the Irwin detention center in Ocilla, Georgia were unnecessarily subject to hysterectomies.
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.
August 26, 2020
Individuals in U.S. Immigration and Customs Enforcement custody at the Otero County Processing Center filed a motion for preliminary injunction to stop ICE from denying detained individuals the ability to contact their lawyers and the outside world by phone.
August 6, 2020
A federal judge has granted class certification in Al Otro Lado v. Wolf, a lawsuit challenging the Trump administration’s policy of turning back asylum seekers at ports of entry. The ruling provides that the challenge to the Turnback Policy will continue on behalf of all asylum seekers along the U.S.-Mexico border who were or will be prevented from accessing the asylum process at ports of entry as a result of the government’s Turnback Policy.
August 4, 2020
The public has a right to know the safeguards that the government has in place to prevent the unnecessary illness and possible death of numerous individuals still reporting to work in immigration courts throughout the country.
July 28, 2020
The U.S. Department of Homeland Security released today a memo on the Deferred Action for Childhood Arrivals initiative that would deny all pending and future initial requests for DACA and reject all pending and future applications for advance parole absent exceptional circumstances. It would also shorten DACA renewals and the accompanying work authorization to one-year, rather than a two-year period.
July 2, 2020
A federal court has ruled that the failure of U.S. Immigration and Customs Enforcement (ICE) officers to consider less restrictive settings before transferring unaccompanied immigrant youth to ICE detention on their 18th birthdays violates U.S. immigration laws.
November 19, 2020

For years, the Trump administration has argued that limited capacity at ports of entry led to its policy of turning back asylum seekers at the U.S.-Mexico border (the “turnback policy”). But a...

November 18, 2020

The Trump administration announced on November 17 that it plans to start denying work permits to people who have been ordered deported, but who have been released from immigration custody because...

November 12, 2020
The amicus brief in Pham v. Guzman Chavez urges the Supreme Court to find that the pre-final order detention statute applies to detained noncitizens with prior removal orders who have meritorious claims for a form of humanitarian protection known as withholding of removal.
November 12, 2020
The American Immigration Council, other immigrant rights organizations, and legal service providers filed a friend-of-the-court (or amicus) brief with the U.S. Supreme Court. The brief urges the justices to find that immigrants who seek humanitarian protection from removal should have access to bond hearings—instead of being subjected to mandatory detention.
November 11, 2020

Immigration detention was dangerous before President Trump took office four years ago. His policies—coupled with a deadly global pandemic—have only made the situation more dire. Immigration...

November 5, 2020

As the COVID-19 pandemic continues to rage inside ICE detention centers, hundreds of Cubans who cannot be deported, continue to be detained by U.S. Immigration and Customs Enforcement (ICE). They...

November 3, 2020

In the final run up to the presidential election, the Trump administration has reinvigorated its attacks on undocumented immigrants in the United States by targeting so-called “sanctuary” policies...

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...

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.
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.

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