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

October 27, 2016

Although the U.S. Constitution provides citizens and noncitizens the right to seek bail after an arrest, immigration detention is different. Certain noncitizens who are arrested by immigration...

October 25, 2016

Recently the Board of Immigration Appeals (BIA), the agency that hears appeals of decisions of immigration judges nationwide, issued a call for amicus briefs on a deceptively simple question; when...

October 19, 2016

This week the Department of Homeland Security (DHS) released the total number of apprehensions by the Border Patrol of individuals trying to enter the country without authorization for Fiscal Year...

October 18, 2016

A border wall is a powerful symbol of exclusion: “We” are going to keep “them” out. And, by doing so, “we” are going to protect our people, our way of life, our society and economy from the threat...

October 13, 2016

Putting down a welcome mat for immigrants—rather than building a wall—ultimately makes the United States a more secure nation. Of course, measures that ensure we keep those out who represent a...

October 7, 2016

Calls to end the detention of immigrant children and their mothers seeking protection in the United States are not new. What is new is that the Department of Homeland Security (DHS) Advisory...

October 6, 2016

In a decision late last week, the federal district court in the Northern District of Illinois invalidated the practice of issuing immigration detainers by U.S. Immigration and Customs Enforcement...

October 5, 2016

During last night’s vice presidential debate, candidates U.S. Senator Tim Kaine and Indiana Governor Mike Pence engaged in a heated exchange on immigration. Kaine reiterated his running mate...

September 30, 2016

California continues to lead the way on integrating its large immigrant community and protecting immigrants from the extreme consequences of federal immigration laws. On September 28, 2016,...

September 28, 2016

Nationally, only 37 percent of all immigrants had legal representation, and only 14 percent of immigrants in detention had a lawyer. In a paper issued today, Access to Counsel in Immigration Court...

Publication Date: 
February 27, 2019
This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens.
February 26, 2019

The Trump administration’s policy of turning back asylum seekers has been devastating, as vulnerable people are repeatedly denied access to the asylum process at ports of entry (POEs) along the U....

February 22, 2019

Workers who were detained during the first large-scale workplace immigration raid under the Trump administration filed a class action lawsuit against the government on Thursday. The raid, which...

February 21, 2019

The Department of Homeland Security began implementing a dramatic new policy last month requiring asylum seekers to return to Mexico to await immigration court hearings. Many denounced the so-...

February 19, 2019

Speaking from the Rose Garden on Friday, President Trump invoked the National Emergency Act after Congress refused to provide full funding for additions to the U.S.-Mexico border wall. By...

February 15, 2019

Following three weeks of spending negotiations, Congress passed a budget deal on Thursday to fund the federal government through the end of September. Even though it did not include the money...

February 15, 2019
After months of threats, the longest government shutdown in history, and the passage of a bipartisan compromise on federal funding for homeland security, President Trump declared a national emergency to fund the building of a border wall without congressional approval. The president took this step despite strong bipartisan opposition to declaring a national emergency.
February 13, 2019

The Department of Homeland Security (DHS) and its component agency U.S. Immigration and Customs Enforcement (ICE) have a long-standing and poor track record when it comes to transparency and...

February 12, 2019

On Monday evening in El Paso, Texas, two very different images of the U.S.-Mexico border emerged. President Trump held a rally to make the case for his border wall again, repeating his usual...

February 11, 2019

In April 2018, the Trump administration officially rolled out its “zero tolerance” policy—a policy that has since been universally condemned for its cruel and unlawful practice of separating...

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