Interior Enforcement

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

Recent Features

All Interior Enforcement Content

Last modified: 
January 12, 2024
Publication Date: 
January 12, 2024

Parole is an essential component of U.S. immigration law. It can be an important tool to manage the processing of migrants at U.S. borders; a powerful response to humanitarian crisis; and a way to...

Last modified: 
December 12, 2023
Publication Date: 
July 22, 2019
Expedited removal is a process by which low-level immigration officers can quickly deport certain noncitizens who are undocumented or have committed fraud or misrepresentation.
Last modified: 
January 10, 2023
Publication Date: 
July 18, 2022
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...
Last modified: 
August 9, 2022
Publication Date: 
August 9, 2022
This fact sheet provides an explanation on how noncitizens may find themselves facing deportation from the country, how the removal proceeding may look, what types of relief can be sought after a...
Publication Date: 
August 23, 2021
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-...
Publication Date: 
July 8, 2021
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...
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June 24, 2021
Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
Publication Date: 
May 20, 2021
This report analyzes the Biden administration's 100 days progress in reforming immigration enforcement and recommendations for how to best move forward.
Publication Date: 
March 16, 2021
This fact sheet provides an overview of “aggravated felonies” under federal immigration law and the immigration consequences of being convicted of an “aggravated felony.”
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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.
In 2021, the Biden administration issued policy guidance on how ICE should carry out immigration enforcement. This report is a breakdown of how ICE carried out these policies.
Last modified: 
January 30, 2023
Publication Date: 
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.
This FOIA lawsuit seeks to compel DHS and ICE to disclose the weekly reports ICE was required to produce about their enforcement activities and removals pursuant to the DHS’ January 20 and February 18 memos establishing new immigration enforcement priorities.
This FOIA suit seeks to compel ICE to release information about conditions, treatment, and outcomes in eight immigration detention facilities in the U.S. South.
Publication Date: 
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.
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.
This Freedom of Information Act lawsuit seeks to uncover information about the databases and systems that Department of Homeland Security (DHS) agencies use in immigration enforcement.
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.
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."
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...

Last modified: 
November 28, 2023
Publication Date: 
November 28, 2023

This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds before the...

Last modified: 
August 22, 2023
Publication Date: 
August 22, 2023
This practice advisory looks into the decision by the U.S. Supreme Court issued in Pugin v. Garland, 143 S. Ct. 1833 (2023). This immigration decision addressed the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S).
Publication Date: 
July 19, 2021
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.
Publication Date: 
July 11, 2019
These template materials will assist attorneys representing individuals with final removal orders issued by the Executive Office for Immigration Review.
Publication Date: 
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.
Publication Date: 
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.
Publication Date: 
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.
January 19, 2024

U.S. Immigration and Customs Enforcement (ICE) announced a policy on January 12 calling for ICE personnel to wear body cameras in most situations when carrying out enforcement duties. According to...

August 9, 2023

The Biden administration has officially reinstated its enforcement guidelines for U.S. Immigration and Customs Enforcement (ICE). The move comes after the Supreme Court reaffirmed the federal...

June 27, 2023

Last Friday, the U.S. Supreme Court issued a decision in U.S. v. Texas, which allows the Biden administration to resume its implementation of guidelines for immigration enforcement within the...

May 9, 2023

With the pandemic-related expulsion policy “Title 42” set to expire May 11, the House GOP introduced its first large-scale border and immigration package on Monday. The bill combines three...

April 6, 2023

Written by Raul Pinto and Rebekah Wolf of the American Immigration Council The U.S. Department of Homeland Security (DHS) published the Privacy Impact Assessment (PIA) for U.S. Immigration and...

March 3, 2023

Florida made headlines last year as it passed a law allowing Governor Ron DeSantis to spend up to 12 million dollars to transport migrants out of Florida. DeSantis used over $1 million of that...

February 8, 2023

When asylum seekers arrive in the United States, so long as they are not rapidly deported or expelled, the government is generally supposed to issue them a “Notice to Appear” (NTA). This charging...

February 3, 2023

Recently published data from U.S. Immigration and Customs Enforcement (ICE) provides insight into who ICE is detaining and for how long. The results show that the majority of noncitizens are being...

January 31, 2023

On January 26, the Second Circuit ruled against U.S. Immigration and Customs Enforcement (ICE) in a case that has broad implications for the public’s access to data held in immigration agency...

July 25, 2022

In a blow to the Department of Homeland Security’s attempts to set priorities for immigration enforcement, late last week the Supreme Court of the United States decided 5-4 to deny a request from...

August 8, 2023
Legal organization filed a motion for a preliminary injunction to block Section 10 of Florida’s draconian anti-immigrant law, Senate Bill 1718.
July 17, 2023
Legal organizations filed a federal lawsuit challenging Florida’s new anti-immigrant law, Senate Bill 1718.
June 28, 2023
Newly analyzed government data exposes the discrepancy between U.S. Immigration and Customs Enforcement's actions and its own guidelines.
June 23, 2023
The U.S. Supreme Court held in an 8-1 decision that states do not have the authority to challenge the executive branch’s authority to establish enforcement priorities.
January 12, 2022
Immigration advocacy groups filed a FOIA lawsuit against ICE requesting ICE’s internal records on preapproval authorizations for enforcement actions against individuals who do not meet the criteria outlined in the Biden-Harris administration’s interim enforcement priorities.
November 30, 2021
Immigration advocacy groups filed a FOIA lawsuit against U.S. Immigration and Customs Enforcement requesting ICE’s internal reports on enforcement activities and removals under the Biden-Harris administration’s interim enforcement priorities.
August 19, 2021
A Texas judge blocked the Biden administration’s immigration enforcement priorities. The decision was issued in a case challenging ICE’s enforcement activities outside the scope laid out in the Feb. 18 enforcement memo.
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 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.
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.
Last modified: 
January 12, 2024
Publication Date: 
January 12, 2024

Parole is an essential component of U.S. immigration law. It can be an important tool to manage the processing of migrants at U.S. borders; a powerful response to humanitarian crisis; and a way to...

Last modified: 
December 12, 2023
Publication Date: 
July 22, 2019
Expedited removal is a process by which low-level immigration officers can quickly deport certain noncitizens who are undocumented or have committed fraud or misrepresentation.
Last modified: 
November 28, 2023
Publication Date: 
November 28, 2023

This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds before the...

Last modified: 
September 7, 2023
Publication Date: 
September 7, 2023
The Council and the American Immigration Lawyers Association comment on DHS's Interim Final Rule on its plan to electronically serve bond-related notifications to obligors to release immigration...
Last modified: 
August 22, 2023
Publication Date: 
August 22, 2023
This practice advisory looks into the decision by the U.S. Supreme Court issued in Pugin v. Garland, 143 S. Ct. 1833 (2023). This immigration decision addressed the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S).
August 8, 2023
Legal organization filed a motion for a preliminary injunction to block Section 10 of Florida’s draconian anti-immigrant law, Senate Bill 1718.
July 17, 2023
Legal organizations filed a federal lawsuit challenging Florida’s new anti-immigrant law, Senate Bill 1718.
June 28, 2023
Newly analyzed government data exposes the discrepancy between U.S. Immigration and Customs Enforcement's actions and its own guidelines.
In 2021, the Biden administration issued policy guidance on how ICE should carry out immigration enforcement. This report is a breakdown of how ICE carried out these policies.
June 23, 2023
The U.S. Supreme Court held in an 8-1 decision that states do not have the authority to challenge the executive branch’s authority to establish enforcement priorities.

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