Enforcement

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February 10, 2021
This report presents a historical overview of how U.S. Border Patrol has been steeped in institutional racism and has committed violent acts with near impunity since its founding nearly 100 years ago...
January 28, 2021
This analysis of data provided by the federal government reveals that 83% of all nondetained immigrants with completed or pending removal cases attended all their hearings from 2008 to 2018.
January 26, 2021
U.S. immigration agencies use a range of programs to deport—or remove—certain noncitizens from the United States. Under the Trump administration, the Department of Homeland Security (DHS) and two of...
January 20, 2021
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.
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.
January 29, 2020
This fact sheet explains the complicated interplay and application of protection and border processing policies.
January 2, 2020
This fact sheet describes the populations, duration, and conditions for noncitizens detained in the United States by department.
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.
The Council filed multiple Freedom of Information Act requests to unearth the systems that the government uses in immigration enforcement and the data it collects.
The Council and Advocates for Basic Legal Equality have launched an investigation into the abusive practices of CBP officers and cooperation with local law enforcement in Ohio.
February 26, 2021
In the amicus brief, the Council and partners reject Calhoun County's position to withhold records that otherwise would be released under the Michigan state FOIA.
This Freedom of Information Act lawsuit calls on CBP to release records documenting the agency’s aggressive and militarized response to the provision of humanitarian aid.
February 12, 2021
The Council submitted this declaration in support of the ACLU's defense of the Biden Administration's moratorium on deportations. This declaration explains how the removal and detention system works.
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.
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.
January 21, 2014
This Practice Advisory provides background information about requesting stays of removal from the court of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who are successful on their appeal.
November 20, 2013

This Practice Advisory discusses the "departure bar" to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.

June 1, 2008

This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

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 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....

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...

August 25, 2021

The Supreme Court refused to block an order to reinstate the Migrant Protection Protocols, also known as the “Remain in Mexico” policy. The decision comes after a Texas judge halted the government...

August 20, 2021

Judge Drew Tipton of the Southern District of Texas on August 19 blocked a set of enforcement priorities the Biden administration had issued in January and February 2021 in an attempt to focus...

August 16, 2021

The Trump administration’s Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program, inflicted extreme harm on vulnerable people seeking asylum at the border beginning in...

August 13, 2021

U.S. Immigration and Customs Enforcement (ICE) announced this week a new policy designed to honor and protect vulnerable immigrants. The new policy addresses protections for survivors of violence...

August 10, 2021

A new Illinois law limiting U.S. Immigration and Customs Enforcement (ICE) detention is expected to effectively end detention in the state by next year. The law goes further than those that have...

August 6, 2021

A federal judge on Tuesday dealt an important blow to Texas Governor Greg Abbott’s flawed plan to stop migrants from entering and traveling through Texas. Governor Abbott issued an executive order...

August 5, 2021

It is unquestionable that technology creates efficiencies. But efficiency should not come at the total expense of privacy. A new app from U.S. Customs and Border Protection (CBP) toes that line...

June 21, 2021
The American Immigration Council filed a Freedom of Information Act lawsuit against DHS and its two primary immigration enforcement agencies requesting information about the obscure network of databases, information systems, and data sharing methods that are largely shielded from public view.
May 28, 2021
The Biden administration disclosed today a $54.2 billion budget request for the U.S. Department of Homeland Security for fiscal year 2022. The request is is deeply disappointing and a missed opportunity to set immigration enforcement in the United States on a new path.
May 20, 2021
A new American Immigration Council report examines the Biden administration’s approach to the U.S. system of immigration enforcement during its first 100 days in office.
May 18, 2021
The Council and Black Alliance for Just Immigration filed 10 FOIA requests to uncover what is happening inside immigration detention facilities and how ICE treats incarcerated Black immigrants in Louisiana, Mississippi, and Texas.
March 23, 2021
The nation has turned its attention to the current situation at the U.S.-Mexico border, including the rise in immigrant children in U.S. government custody. Much of the conversation has focused on a supposed surge in arrivals under the Biden administration, but the current increase began well before President Biden took office.
March 1, 2021
A new publication provides a snapshot of the extent of available services that help migrants navigate the complexities of the U.S. immigration system.
February 11, 2021
A group of 120 legal and medical services and advocacy organizations sent a letter to the White House and Department of Homeland Security, asking the Biden administration to review the cases of thousands of people who remain in immigration detention, and release those who do not fall within the enforcement priorities detailed in the DHS enforcement priorities memo that took effect February 1.
January 27, 2021
Newly released government records reveal U.S. immigration agencies' efforts in 2019 to rapidly deport thousands of people from the United States through the little-known Electronic Nationality Verification program.
January 7, 2021
Immigrant rights advocates moved for a temporary restraining order to block the Trump administration’s latest attempt to circumvent an earlier court order prohibiting the government from applying an asylum ban to people whom U.S. Customs and Border Protection had previously turned away from ports of entry along the U.S.-Mexico border.
December 17, 2020
Judge William H. Orrick granted summary judgment in favor of two nationwide classes suing DHS, USCIS, and ICE for failing to timely produce the class members’ immigration files (A-Files). The court ordered the agencies to clear their backlogs by responding to the more than 40,000 thousand cases outstanding within 60 days.
October 13, 2021

The Biden administration just took a significant step toward reining in U.S. Immigration and Customs Enforcement (ICE). Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued a...

October 11, 2021
The American Immigration Council joins a coalition letter that calls on the Biden administration to terminate local detention contracts and halt all other efforts to expand the ICE detention system...
October 8, 2021

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,...

October 6, 2021

U.S. Department of Homeland Security (DHS) officials improperly developed intelligence reports nicknamed “baseball cards” about individuals arrested in Portland, Oregon during the civil unrest...

October 6, 2021
Under the “Migrant Protection Protocols”, individuals who arrive at the southern border and ask for asylum (either at a port of entry or after crossing the border between ports of entry) are given...
October 5, 2021
The Council and AILA, through their Immigration Justice Campaign followed up on their March 25, 2021 letter to the DHS and ICE with examples of unfair denials of requests for release at ICE...
October 1, 2021

On September 30, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued the long-awaited new set of enforcement priorities, entitled “Guidelines for the Enforcement of Civil...

September 30, 2021

Florida Governor Ron DeSantis announced a new lawsuit on Tuesday seeking an order requiring the Biden administration to detain almost all people arriving at the Southwest border. It is the latest...

September 22, 2021
A district court judge in Washington, D.C., ruled that ICE broke the law by detaining unaccompanied children who turned 18 and “aged out” of Office of Refugee Resettlement custody. The court ordered the agency to change its practices and procedures to avoid further unlawful detentions.
September 22, 2021

The American Immigration Council joined 38 other civil rights organizations in urging President Biden to live up to his administration’s commitment to a...

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