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

Publication Date: 
June 17, 2010
While visiting Phoenix, AZ in late January with a group of evangelical leaders who were in the border region to learn more about immigration, I met an immigrant family struggling to survive in a...
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May 26, 2010
Immigration Enforcement without Immigration Reform Doesn’t Work This week, the Senate will consider amendments to the Emergency Supplemental Appropriations Bill that would add thousands of additional...
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May 26, 2010
UPDATED 05/26/10 - Arizona’s controversial new immigration law (SB 1070) is the latest in a long line of efforts to regulate...
Publication Date: 
May 21, 2010
The intent of Arizona’s SB 1070, the “Support Our Law Enforcement and Safe Neighborhoods Act,” is to chase illegal immigrants out of the state. Or, as the new law puts it more formally: “to make...
Publication Date: 
April 26, 2010
Many people believe that only illegal immigrants are deported. However, thousands of long-term legal immigrants are deported each year. While some are deported for committing serious crimes, many...
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April 15, 2010
The Secure Border Initiative (SBI), launched by the Department of Homeland Security (DHS) in 2005, is a cautionary tale of the dangers inherent in seeking a technological quick fix to the problem of...
Publication Date: 
April 2, 2010
Updated 04/02/10 Since 2004, the Immigration and Customs Enforcement Agency (ICE) has greatly expanded its partnerships with local police through the 287(g) program. As of March 2010, more than 1,...
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March 2, 2010
The month of March marks the seventh anniversary of the Department of Homeland Security (DHS) and its immigration agencies. It also marks the end of a sweeping internal review ordered by Secretary...
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February 22, 2010
Study Finds Significant Behavioral Changes in Children After Raids Children of unauthorized immigrant parents are often forgotten in debates over immigration reform. There are roughly 5.5 million...
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February 17, 2010
The Criminal Alien Program (CAP) is a program administered by Immigration and Customs Enforcement (ICE) that screens inmates in prisons and jails, identifies deportable non-citizens, and places them...
May 25, 2017
This petition, jointly filed by the Council and the American Immigration Lawyers Association, seeks to provide access to legal counsel for the following individuals.
May 23, 2017
The statement shares our analysis of infrastructure and personnel investments already made by the Department of Homeland Security (DHS), as well as our reporting on improvements needed at its border enforcement agency, U.S. Customs and Border Protection (CBP), to ensure integrity of operations along the Southern Border.
Publication Date: 
March 27, 2017
This amicus brief arguing that any Fourth Amendment violation by state and local law enforcement officers — not just egregious Fourth Amendments violations — should require the suppression of evidence in immigration court proceedings, which is the same standard that applies in the criminal justice arena.
February 7, 2017
The statement shares our analysis and research regarding an unnecessary border wall and the already massive investment that has been made along the Southwest border.
This intervention is needed to protect the integrity of the United States’ immigrant visa process and the families diligently seeking to reunite with their loved ones.
January 13, 2017
A coalition of immigrant and civil rights groups filed a complaint with the Department of Homeland Security’s Office of Civil Rights and Civil Liberties on behalf of numerous adult men and women, families and unaccompanied children who, over the past several months, were denied entry to the United States at ports of entry along the U.S.-Mexico border despite having asserted a fear of returning to their home countries or an intention to seek asylum under U.S. law.
The Council and its partners filed suit after CBP failed to respond to a 2013 FOIA After the case was filed, CBP disclosed only a handful of documents—primarily, indices of two ORT chapters without any substantive information—and then moved for summary judgment, claiming that it was not required to search for or produce any additional documents.
Publication Date: 
October 25, 2016
The American Immigration Council, in collaboration with the American Immigration Law Association, filed an amicus brief in the case Jennings v. Rodriguez, calling for the Court to overturn Demore v. Kim and end mandatory detention.
September 16, 2016
The statement calls to attention our concerns about over-broad enforcement actions and detention of asylum seekers and families.
Publication Date: 
September 15, 2015

The American Immigration Council, in collaboration with the American Immigration Lawyers Association, filed an amicus brief in Guerra v. Shanahan.  The amicus brief argued that the pre-...

May 10, 2022

U.S. Customs and Border Patrol (CBP) announced in a May 6 memorandum that it would eliminate its Border Patrol Critical Incident Teams (BPCITs). The teams have faced criticism for their secretive...

April 28, 2022

A federal court in Louisiana issued an order on Wednesday temporarily preventing the Biden administration from winding down Title 42, the controversial public health policy that allows immigration...

April 26, 2022

Over three years after the Migrant Protection Protocols (MPP) went into effect, the Supreme Court finally heard oral arguments in a case about the program, also known as the “Remain in Mexico”...

April 22, 2022

Less than a week after the Biden Administration announced the impending end to the COVID-era Title 42 border policy, Texas Governor Greg Abbott escalated his ongoing political fight with the Biden...

April 12, 2022

The Centers for Disease Control and Prevention (CDC) announced in early April that it would end Title 42, the pandemic border policy that allowed immigration officials to rapidly “expel” migrants...

April 8, 2022

Every year, the president submits a budget request to Congress with their proposal for funding the federal government. Over the last 20 years, Congress has spent over $333 billion on immigration...

April 7, 2022

U.S. Immigration and Customs Enforcement (ICE) issued a long-awaited memo on Sunday to guide ICE attorneys on exercising their prosecutorial discretion in immigration court. Authored by ICE’s...

April 1, 2022

The Centers for Disease Control and Prevention announced on Friday that it will be terminating the Title 42 border policy. The U.S. government has used this policy to turn away asylum seekers and...

March 28, 2022

In a victory for government transparency, earlier this month a federal district court ordered the government to release the names of the Border Patrol agents involved in a program to screen asylum...

March 22, 2022

In an unprecedented move, the Department of Homeland Security’s (DHS’) watchdog agency—the Office of the Inspector General (OIG)—just recommended that U.S. Immigration and Customs Enforcement (ICE...

July 22, 2019
Expanding expedited removal in this manner will create a 'show me your papers' regime of immigration enforcement where individuals—including any U.S. citizens they encounter—will be forced to prove they should not be deported. The American Immigration Council will not stand by idly as the Trump administration continues its unlawful attacks on our communities. We will see the Trump administration in court
July 15, 2019
The Trump administration announced a new rule that would bar many individuals seeking protection in the United States from being able to apply for asylum. The American Immigration Council believes we should not be afraid to embrace our humanitarian obligations in a way that respects the rule of law.
July 1, 2019
A report on interior immigration enforcement by the American Immigration Council examines newly disclosed government data on the Trump administration’s aggressive enforcement agenda. The report, “Changing Patterns of Interior Immigration Enforcement in the United States, 2016–2018,” reveals that U.S. citizens and immigrant women have become increasingly vulnerable to immigration enforcement actions under the administration.
June 22, 2019
Newly obtained documents from the Department of Health and Human Services released today by immigrant rights groups and The Houston Chronicle show that migrant children continued to be separated from their parents at the border nearly one year after the end of the “zero tolerance” policy.
June 19, 2019
A class action lawsuit challenges the Department of Homeland Security and its component agencies’ nationwide practice of failing to timely respond to requests for immigration files under the Freedom of Information Act.
May 2, 2019
The American Immigration Council, Northwest Immigrant Rights Project, and The American Civil Liberties Union, filed a proposed amended complaint in federal court today in order to challenge the Trump administration’s new policy that categorically denies bond hearings to asylum seekers. The policy, announced April 16 by Attorney General William Barr, targets asylum seekers whom immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled.
April 29, 2019
Newly released government records reveal that the Department of Homeland Security monitored protest preparations across the United States and internationally in June 2018, as communities organized to oppose the Trump administration’s separation of children and parents at the southern border. The discovery follows other recent revelations that the government has been secretly monitoring activists, journalists, and immigrant rights defenders.
April 5, 2019
In a groundbreaking decision, a federal judge in Seattle dealt a blow to the government’s campaign to deter and obstruct asylum seekers applying for protection in the United States. Judge Marsha Pechman ordered the government to provide certain individuals with bona fide asylum claims either a bond hearing before an immigration judge within seven days of their request or to release them from detention.
March 7, 2019
A federal district court in Seattle, Washington has certified two nationwide classes of detained asylum seekers who are challenging the government’s delays in providing asylum interviews and bond hearings.
February 28, 2019
The Trump administration’s immigration enforcement policies have increased immigrants’ vulnerability to swift deportation, making the ability to access safeguard more important than ever. The American Immigration Council and the Kathryn O. Greenberg Immigration Justice Clinic at Benjamin N. Cardozo School of Law filed a lawsuit to disclose critical information about how the Board of Immigration Appeals interprets legal safeguards that would allow these individuals to seek reopening or reconsidering of their immigration cases, and prevent the irreparable harms that can result from deportation.
July 1, 2023
The Southern Poverty Law Center, American Civil Liberties Union, ACLU of Florida, Americans for Immigrant Justice, and American Immigration Council have announced they will file a federal lawsuit challenging Florida’s draconian Senate Bill 1718, which goes into effect, July 1.
June 29, 2023

The end of the COVID-19 public health emergency back in May meant an end to Title 42. That policy, grounded in an obscure public health law, was put in place by the Trump administration in March...

June 28, 2023
Newly analyzed government data exposes the discrepancy between U.S. Immigration and Customs Enforcement's actions and its own guidelines.
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...

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.
June 15, 2023

Florida officials think the federal government must detain everyone – or virtually everyone – who arrives at the U.S.-Mexico border without a visa. And it is using the courts to try to make that...

June 15, 2023

Over the last two years, the House GOP has become increasingly vocal about their disagreements with the Biden administration on immigration and border policy. In recent weeks, this disagreement...

June 9, 2023

An internal investigation into the death of a medically vulnerable eight-year-old girl after over a week in Border Patrol custody continues to reveal shocking negligence on the part of medical...

Publication Date: 
June 7, 2023
The American Immigration Council appeared before Congress to address the complicated reality of the application of immigration law at the border.

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