Enforcement

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

Ninth Circuit Lifts Injunction Protecting People in ICE Detention from COVID-19

In a split decision, the Ninth Circuit Court of Appeals on October 20 lifted a lower court’s protections for medically vulnerable people locked up in U.S. Immigration and Customs Enforcement (ICE) detention centers during the COVID-19 pandemic. The protections included requiring that ICE adhere to public health and safety protocols to reduce the risk of […]

ICE Fails to Provide Basic Oversight of Solitary Confinement and Unlawfully Destroys Records

U.S. Immigration and Customs Enforcement (ICE) has been known to improperly subject individuals in its custody to solitary confinement and has destroyed solitary confinement records in violation of a records retention schedule and an agreement to preserve records in a lawsuit. On October 13, the U.S. Department of Homeland Security (DHS) Office of Inspector General […]

Biden Administration Announces Plan for Reinstating the Migrant Protection Protocols

Two months after a federal court ordered the Biden administration to reinstate the so-called Migrant Protection Protocols (also known as “Remain in Mexico”), the administration announced that it will reinstate the program in mid-November if Mexico agrees. In response, some advocates staged a virtual walkout of a listening session held by the administration, refusing to […]

The Reimplementation of MPP is Betrayal of President Biden’s Campaign Promises

The Biden administration announced today that the U.S. Department of Homeland Security plans to revive and reimplement the Migrant Protection Protocols by mid-November. The Council believes that plans to restart the program is a betrayal of the president’s campaign promises and a sign that this administration is failing to reenvision border management and the way that we treat asylum seekers.

Citing Factual and Legal Flaws, Groups Urge DHS to Acknowledge Systematic Barriers in Second Memo Terminating MPP

The American Immigration Council and 29+ organizations urged DHS—in a letter offering factual and legal recommendations on how to end the Migrant Protection Protocols—to fully and forcefully acknowledge the humanitarian and legal catastrophe caused by MPP.

ICE Needs a Consistent System of Discretionary Release from Detention

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) need to establish clear guidance for when ICE should release someone from detention. So far, the Biden administration, like past administrations, has failed to issue this essential guidance. This inaction has left thousands of people needlessly detained. On October 5, the American […]

Biden Administration Doubles Down On Title 42 As Del Rio Expulsions Draw to A Close

In September, nearly 15,000 Haitians arrived near Del Rio, Texas seeking asylum in the United States. But rather than allowing them to seek protection, as is their right under United States law, the Biden administration instead began a process of mass expulsions to Haiti. With expulsions to Haiti finally slowing to a trickle  after 70 […]