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

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 21, 2017
This fact sheet explains detainers, how they are used by federal and local enforcement, and the impact they have on immigrants.
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...
January 25, 2017
This fact sheet includes changes resulting from the creation of the Priority Enforcement Program (PEP) in 2014 and related legal decisions.
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.
May 18, 2016
First-hand accounts from Central American women and their family members reveal the dangerous and bleak circumstances of life these women and their children faced upon return to their home countries...
May 16, 2016

Over the past few years, thousands of children—many fleeing horrific levels of violence in Central America—have arrived at the U.S. border in need of protection. Most children are placed in...

July 21, 2020

The American Immigration Council signed on to a letter calling on Congress to demand greater transparency from Immigration and Customs Enforcement regarding Cameroonian and other Black...

July 17, 2020

The American Immigration Council joined a letter to the U.S. Department of Homeland Security calling on the release of all families held at all three Immigration and Customs...

This lawsuit challenged ICE’s practice of transferring unaccompanied minors who turn 18 years old to adult custody in the agency’s contracted jails and prisons, without considering less restrictive placements.
The information will enhance the public’s understanding of steps U.S. Customs and Border Protection (CBP) has taken to protect detained individuals from an outbreak of COVID-19.
This Freedom of Information Act (FOIA) lawsuit seeks to uncover information about the Migration Protection Protocols (MPP)—also known as the "Remain in Mexico" program.
May 12, 2020
The American Immigration Council filed this amicus curiae brief in support of individuals who sought release from detention due to their significant risk of infection from COVID-19.
May 7, 2020
The complaint calls on oversight agencies to demand immediate action by ICE to help stop the spread of the coronavirus where social distancing is not possible, including:

The American Immigration Council filed a lawsuit after Immigration and Customs Enforcement (ICE) failed to timely respond to the Council’s Freedom of Information Act (FOIA) request.

The...

The Council filed a lawsuit to close the immigration courts and ensure due process.
March 23, 2020
This urgent letter from over 100 organizations expressing deep concern about the need for remote legal access and representation in immigration court and detention during the COVID-19 pandemic.
July 15, 2021

U.S. Immigration and Customs Enforcement (ICE) may soon have its first Senate-confirmed leader in nearly five years. On July 15, the Senate Homeland Security and Governmental Affairs Committee...

July 9, 2021

U.S. Immigration and Customs Enforcement (ICE) will no longer detain most people who are pregnant, postpartum, or nursing, according to a new policy released on July 9. However, ICE did not commit...

June 30, 2021

The Supreme Court issued a decision on June 29 in the Johnson v. Guzman Chavez case. The majority of the justices determined that people with prior removal orders are subject to mandatory...

June 24, 2021

During the 2020 campaign, President Biden pledged to end all 287(g) agreements made by the Trump administration. More than 150 days into his presidency, the promise remains unfulfilled. The 287(g...

June 23, 2021

Asylum seekers who were ordered deported for missing their U.S. court hearings under the Trump administration’s so-called Migrant Protection Protocols (MPP)—informally known as the “Remain in...

June 17, 2021

The Department of Homeland Security (DHS) announced on June 11 its plan for funds the Trump administration had planned to use to construct a wall on the U.S.-Mexico border. Unspent funds will...

June 10, 2021

U.S. Customs and Border Protection is collecting DNA from asylum seekers at the border, recent media reports confirm. This is the latest expansion of DNA collection as part of a program initiated...

June 1, 2021

President Biden released the first budget proposal of his presidency on May 29, a landmark for any new president. A presidential budget generally reflects the goals of the administration and can...

May 27, 2021

The Department of Homeland Security’s Office of Inspector General (DHS OIG) recently found that the Trump administration deported as many as 348 parents that had been separated from their children...

May 26, 2021

U.S. Immigration and Customs Enforcement (ICE) mishandled the coronavirus outbreak in detention centers so badly that it not only lead to horrific conditions and deaths among people in its custody...

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.
June 23, 2020
A federal appeals court has ruled that a lawsuit against the Trump administration’s policy that sought to massively expand fast-track deportations without a fair legal process can continue. The court held that the lawsuit was properly brought, but rejected the claim that the administration had failed to follow the procedures provided under the Administrative Procedure Act.
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.
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.
May 7, 2020
The American Immigration Council and the American Immigration Lawyers Association , through their joint initiative the Immigration Justice Campaign, filed an oversight complaint with the Department of Homeland Security Office for Civil Rights and Civil Liberties and the Office of the Inspector General highlighting the experiences of individuals detained by Immigration and Customs Enforcement amid the COVID-19 pandemic.
April 28, 2020
Today’s Court decision denying the emergency temporary restraining order in NIPNLG, et al., v. EOIR, et al., is deeply disappointing. This lawsuit was brought against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
April 22, 2020
President Donald Trump signed an executive order to temporarily suspend immigration to the United States. The order applies to many individuals currently outside the United States who do not yet have immigrant (permanent) visas.
April 8, 2020
Immigration groups moved for an emergency temporary restraining order against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement in order to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
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.
March 27, 2020
The U.S. Court of Appeals for the Ninth Circuit has upheld a ruling blocking a Trump administration policy that categorically denies bond hearings to asylum seekers. The case is Padilla v. ICE.
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...

September 16, 2021

The Fifth Circuit Court of Appeals on Wednesday stayed a significant part of an earlier decision by the Northern District of Texas that would have blocked the implementation of the Biden...

September 10, 2021
In the amicus brief filed with the Supreme Court of Michigan, the Council and partners reject Calhoun County's position to withhold records that otherwise would be released under the Michigan state FOIA.
September 9, 2021

Proposed legislation in California that would further limit the state’s involvement in immigration detention has made progress toward becoming law. The VISION Act would prevent transfers to U.S....

This FOIA requests effort seeks records on ICE reports about its enforcement activities, whether the people arrested by ICE fit into the DHS’s enforcement priorities, and information about instances when officers pursued enforcement actions against individuals who would not be considered priorities for immigration enforcement.
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...

September 7, 2021
This amicus brief addresses whether 8 U.S.C. § 1252(a)(2)(B)(i) precludes judicial review over eligibility determinations for certain forms of discretionary relief from removal for non citizens.
September 2, 2021
A federal judge declared unlawful the U.S. government’s turnbacks of asylum seekers arriving at ports of entry along the U.S southern border. The court ruled that the United States is required by law to inspect and process asylum seekers when they present themselves at ports of entry, and condemned the practice of denying access to the asylum process through metering and similar practices.
September 1, 2021
Immigrant rights advocates released a statement after presenting oral arguments before U.S. District Court of the Southern District of California, where they urged the court to declare unlawful and permanently end the Trump-era turnback policy.
August 27, 2021
The Council submitted an amicus brief explaining why ICE should release usable immigration data. The amicus brief was filed in a case where the ACLU is seeking information about how individuals are impacted by ICE enforcement practices.

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