Enforcement

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All Enforcement Content

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...
January 24, 2018
Parole under immigration law is very different than in the criminal justice context. In the immigration context, parole facilitates certain individuals’ entry into and permission to temporarily...
September 19, 2017
Mexican migrants suffer a host of violations, abuses, and ill treatment while in the custody of U.S. immigration authorities.
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.
May 19, 2017
The Trump administration’s approach will have devastating consequences for immigrant communities and will undermine, rather than improve, public safety.
May 9, 2017
Detained asylum seekers encounter numerous challenges, including the following problems detailed in this report.
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...

March 28, 2017
Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
March 21, 2017
This fact sheet explains detainers, how they are used by federal and local enforcement, and the impact they have on immigrants.
March 15, 2017
Through the 287(g) program, state and local police officers collaborate with the federal government to enforce federal immigration laws.
April 18, 2018

The American Immigration Council submitted a written statement to the Senate Judiciary Subcommittee on Border Security and Immigration for an April 18, 2018 hearing on “Strengthening and Reforming...

The requests ask for policies, guidelines, or procedures followed or used by the governmental agencies to address the processing and treatment of families at the U.S.-Mexico border and specifically, the separation of adult family members from minor children and the criminal prosecution of adult family members.
March 7, 2018
This policy document describes the legal liabilities local governments face when they honor ICE requests, known as “detainers,” to hold individuals past the completion of their criminal custody until immigration agents take them into administrative custody.
This lawsuit challenges the actions of immigration judges in Charlotte, North Carolina who have refused to conduct bond hearings for people who properly file bond motions with the Charlotte Immigration Court.
December 11, 2017
The practice of dividing families raises Constitutional due process concerns under the Fifth Amendment, violates United States’ obligations under international law, and contravenes voluminous evidence maintaining that family separation is not in the best interest of the child.

For years, U.S. Border Patrol (USBP) agents have injected themselves into routine, local emergency services and law enforcement, often under the guise of providing translation services.  Despite...

October 13, 2017

The American Immigration Council, in collaboration with the American Immigration Lawyers Association, filed an amicus brief in Crespin v. Evans.  The amicus brief argued that the pre-final...

September 26, 2017

The American Immigration Council, in collaboration with the American Civil Liberties Union (ACLU), American Immigration Lawyers Association (AILA), Women’s Refugee Commission (WRC), and others...

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.
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.
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...

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.
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.
March 18, 2015
This Practice Advisory, updated following the issuance of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can influence the favorable exercise of prosecutorial discretion by ICE, CBP and USCIS officers.
June 1, 2014
This Practice Advisory, written in collaboration with the ABA Commission on Immigration and Penn State Law’s Center for Immigrants’ Rights, provides innovative legal and procedural arguments and strategies for attorneys representing noncitizens 1) who are likely to be issued NTAs, 2) who have been issued NTAs that have not been filed with the immigration court, or 3) who have been issued NTAs that have been filed. It provides an overview of the legal requirements for an NTA and strategies available to attorneys to cancel, mitigate, or challenge the contents of an NTA. In addition to presenting legal and procedural arguments, the Advisory provides strategies to attorneys wishing to seek prosecutorial discretion in connection with the NTA.
April 19, 2018

In a directive dated Aug. 29, 2017, which U.S. Immigration and Customs Enforcement only posted publicly this week, the government significantly weakened safeguards for the rights of parents during...

April 17, 2018

U.S. Customs and Border Protection (CBP)—the Border Patrol in particular—has a reputation for repeatedly and systematically violating the rights of immigrants and U.S. citizens alike. Border...

April 12, 2018

The largest employment crackdown in a decade was launched on April 5 at a meat-processing plant in Bean Station, a rural community outside of Knoxville, Tennessee. Nearly 100 immigrants were...

April 10, 2018

Undocumented immigrants crossing the U.S.-Mexico border increasingly consist of asylum seekers fleeing record levels of violence in Central America. But the Trump administration’s response to this...

April 9, 2018

In an era of increased immigration enforcement, it is even more important to understand the ways in which some states and localities collaborate with the federal government. Recent research also...

April 6, 2018

President Trump first announced via tweet—and later a signed proclamation—that he plans to send the National Guard to the nation’s southern border. And yet, at the same time, he acknowledged that...

April 5, 2018

To shed light on the cruel and unlawful practice of family separation, a group of immigrant rights organizations filed a series of Freedom of Information Act requests to multiple government...

April 3, 2018

Slowing making their way north through Mexico is a large caravan of migrants searching for safe haven, an opportunity to work, or the chance to reunite with family. Some will remain in Mexico,...

March 30, 2018

Immigration and Customs Enforcement announced on Thursday that it was ending its general practice of releasing pregnant women from immigration jail. Under its new policy, pregnant women will only...

March 26, 2018

As thousands of Central American families arrived at the U.S.-Mexico border asking for asylum in 2014, human rights organizations raised alarms about asylum seekers’ treatment by Customs and...

March 29, 2018
The practice of detaining pregnant women is inhumane and unsafe.
January 18, 2018
The lawsuit challenges the practice of three of the four sitting immigration judges in the Charlotte Immigration Court who refuse to conduct bond hearings—even though they are required to do so—and are consequently prolonging the detention of bond-eligible individuals for several weeks.
January 12, 2018
The Immigration Justice Campaign (Justice Campaign), a joint initiative between the American Immigration Lawyers Association (AILA) and the American Immigration Council (Council), and the Rocky Mountain Immigrant Advocacy Network (RMIAN), located in Westminster, Colorado, announce their partnership to increase pro bono representation for individuals in immigration detention in Colorado.
December 11, 2017
A complaint on behalf of family members who have been forcibly separated while in custody at the southern border of the United States was filed with the Department of Homeland Security’s Office of the Inspector General and Office of Civil Rights and Civil Liberties.
October 8, 2017
The White House released its long anticipated, "Immigration Principles and Policies," which lay out many of the already-stated aspirations of the Trump administration on immigration. The laundry list represents a wholesale attack on immigration and immigrants. It includes not only limits on immigration generally, but enables mass deportations and envisions bypassing necessary procedures that protect children and asylum seekers.
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.
July 12, 2017

Washington D.C. - Today an immigrant rights group and several asylum seekers filed a class action lawsuit against officials at the U.S. Department of Homeland Security and U.S.

June 28, 2017
A U.S. District Court condemned the federal government for continuing to disregard critical protections for children in detention.
June 19, 2017
The American Immigration Council and the American Immigration Lawyers Association (AILA) are responding to this representation crisis with an Immigration Justice Campaign, a new initiative to prepare more lawyers to be cutting-edge defenders of immigrants facing deportatio
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.
April 19, 2018

In a directive dated Aug. 29, 2017, which U.S. Immigration and Customs Enforcement only posted publicly this week, the government significantly weakened safeguards for the rights of parents during...

April 18, 2018

The American Immigration Council submitted a written statement to the Senate Judiciary Subcommittee on Border Security and Immigration for an April 18, 2018 hearing on “Strengthening and Reforming...

April 17, 2018

U.S. Customs and Border Protection (CBP)—the Border Patrol in particular—has a reputation for repeatedly and systematically violating the rights of immigrants and U.S. citizens alike. Border...

April 12, 2018

The largest employment crackdown in a decade was launched on April 5 at a meat-processing plant in Bean Station, a rural community outside of Knoxville, Tennessee. Nearly 100 immigrants were...

April 10, 2018

Undocumented immigrants crossing the U.S.-Mexico border increasingly consist of asylum seekers fleeing record levels of violence in Central America. But the Trump administration’s response to this...

April 9, 2018

In an era of increased immigration enforcement, it is even more important to understand the ways in which some states and localities collaborate with the federal government. Recent research also...

April 6, 2018

President Trump first announced via tweet—and later a signed proclamation—that he plans to send the National Guard to the nation’s southern border. And yet, at the same time, he acknowledged that...

April 5, 2018

To shed light on the cruel and unlawful practice of family separation, a group of immigrant rights organizations filed a series of Freedom of Information Act requests to multiple government...

April 3, 2018

Slowing making their way north through Mexico is a large caravan of migrants searching for safe haven, an opportunity to work, or the chance to reunite with family. Some will remain in Mexico,...

The requests ask for policies, guidelines, or procedures followed or used by the governmental agencies to address the processing and treatment of families at the U.S.-Mexico border and specifically, the separation of adult family members from minor children and the criminal prosecution of adult family members.

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