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.

Recent Features

All Enforcement Content

Publication Date: 
October 2, 2024
The mass deportation of millions of undocumented individuals would be tremendously expensive and would have a catastrophic impact on our economy—one that would be expansive and impact every American...
Publication Date: 
August 14, 2024
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.
Publication Date: 
June 5, 2024
On June 4, the Biden administration issued a presidential proclamation and an Interim Final Rule restricting access to asylum for people crossing into the United States without legal status. The...
Publication Date: 
May 10, 2024
On May 9, 2024, the Department of Homeland Security announced a Notice of Proposed Rulemaking, published here, that would allow asylum officers to reject a subset of asylum seekers earlier in the...
Publication Date: 
April 8, 2024
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...
Publication Date: 
February 1, 2024
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...
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...

Publication Date: 
December 12, 2023
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.
Publication Date: 
July 13, 2023
The American Immigration Council and partners filed an administrative complaint with the with the Department of Homeland Security's oversight bodies urging immediate investigation into the misuse of...
Publication Date: 
July 11, 2023
This fact sheet provides an overview of the wide range of programs that provide alternatives to detention (ATDs) and run the gamut from no governmental intervention to extensive surveillance and...
November 26, 2024
On November 25, 2024, the Council sent a letter to the USCIS Ombudsman and FOIA Liaison asking them to investigate and cure the agency’s growing pattern of misprocessing FOIA requests for immigration records.
This FOIA lawsuit seeks to compel U.S. Citizenship & Immigration Services (USCIS) to end policies of unlawfully withholding application assessments, interview notes, and other records from refugees’ case files.
July 17, 2024
In June of 2024, the American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a joint comment urging the Biden administration to rescind this IFR.
June 30, 2024
The American Immigration Council and the American Immigration Lawyers Association (AILA) submitted comments to a Department of Homeland Security and Department of Justice proposed rule that would apply certain bars to asylum during asylum seekers' credible and reasonable fear screenings.
The American Immigration Council filed requests for records under the Freedom of Information Act (FOIA) with the U.S. Coast Guard (USCG), the U.S. Department of Homeland Security (DHS), and the U.S. Citizenship and Immigration Services (USCIS) to learn about the process migrants go through after they are interdicted by U.S. Coast Guard personnel.
We’re suing Iowa for a new law that criminalizes anyone who has reentered the state after being deported — including children — even if that person is now authorized to be in the U.S. This is the most extreme anti-immigrant law in the state’s history.
This nationwide class action lawsuit challenges systemic delays in providing immigration files.
These Freedom of Information Act requests seek to uncover information about the FERM program, which places families enrolled on a fast track to deportations if they don’t pass credible fear interviews.
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...
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: 
December 13, 2022
Our comprehensive guide on obtaining detention records provides a brief overview of FOIA requirements, information about the types of records government agencies possess, tips about how to request those records, and an overview of what to expect after submitting the request.
Publication Date: 
April 25, 2022
This practice advisory identifies who falls under the classification of “arriving noncitizens,” discusses the regulations delineating USCIS vs. EOIR jurisdiction over adjustment applications of arriving noncitizens in removal proceedings and suggests strategies to facilitate the adjustment of status of eligible parolees in removal proceedings before they are removed.
Publication Date: 
April 22, 2020
This practice advisory discusses the standards of review that the Board of Immigration Appeals is required to employ when it reviews appeals of immigration judge decisions.
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: 
February 27, 2019
This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens.
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.
December 19, 2024

When the Trump administration deported Goura Ndiaye, he had lived in the United States for 20 years, running his own business as an electrician, working as primary breadwinner for his three U.S....

December 6, 2024
The incoming administration will move to expand its existing authorities like state and local law enforcement partnerships and expedited removal to scale up the federal government’s ability to arrest and deport more people.
November 13, 2024

President-elect Donald Trump vowed to deport millions of immigrants in his successful bid for a second term at the White House. This week, we gained a clearer picture about how he aims to fulfill...

November 4, 2024

Ports of entry along our borders are supposed to be where people in need of protection can come to seek humanitarian relief. But since 2016, every presidential administration has used different...

November 1, 2024

The “bipartisan border bill” has been front and center in the presidential election, but it is often presented to the public without clarity on what the bill would actually do. In May, U.S....

October 29, 2024

The Torrance County Detention Facility, located in the remote deserts of New Mexico, is notorious for its mistreatment of migrants. The facility’s issues are compounded by the fact that Torrance...

October 16, 2024

It was only 10 months ago when the U.S. set record highs at the border, with roughly 250,000 migrants taken into Border Patrol custody in December 2023. But today, border apprehensions are running...

October 2, 2024

As politicians debate the fate of millions of undocumented immigrants living in communities across the country, a new report details the devastating costs mass deportations would inflict on the...

September 13, 2024

This past week, the Council, alongside the Black Alliance for Just Immigration (BAJI), had the privilege to present the report the organizations co-authored on U.S. Customs and Border Protection’s...

August 23, 2024
Our blog post examines how Trump’s second term could enforce stricter immigration policies, including mass deportations and cuts to legal immigration, with reduced oversight.
October 24, 2024
In a New Mexico detention center, ICE categorized People with African, Asian, and South American backgrounds as racially ‘white’
October 23, 2024
In a decision issued on Oct. 23, the Ninth Circuit Court of Appeals largely affirmed a lower court decision that found the U.S. government's systemic practice of turning back asylum seekers ("metering") at the U.S.-Mexico border is unlawful.
October 15, 2024
A new report describes how immigrants are key to the economic success and future viability of communities across the Great Lakes region.
October 2, 2024
A new report details the catastrophic costs of a potential mass deportation and family separation plan.
October 1, 2024
A case that challenges that U.S. government's policy of turning away asylum seekers who legally approach ports of entry can move forward, a judge ruled.
October 1, 2024
We need a balanced approach to addressing challenges at our southern border and our overwhelmed, broken asylum system.
September 9, 2024
A new report from the American Immigration Council highlights how immigrant entrepreneurs create jobs and make the U.S. a more prosperous place.
June 18, 2024
On June 18, the Biden administration announced policy changes that will provide immigration relief to thousands of deeply-rooted immigrants in the United States.
June 17, 2024
In a victory for immigrant communities and families, on June 17 a federal district court in Iowa issued a preliminary injunction to block SF 2340, one of the worst, most far-reaching immigration laws ever passed in the state of Iowa.
June 5, 2024
The U.S. government needs to be able to quickly and fairly sort out migrants who have a valid asylum claim, but instead of investing in U.S. ports of entry, immigration courts, or more options for legal migration, the order focuses on harsh and arbitrary turnbacks.
December 19, 2024

When the Trump administration deported Goura Ndiaye, he had lived in the United States for 20 years, running his own business as an electrician, working as primary breadwinner for his three U.S....

Publication Date: 
December 10, 2024
The American Immigration Council appeared before Congress to address the catastrophic economic and humane costs of mass deportations.
December 6, 2024
The incoming administration will move to expand its existing authorities like state and local law enforcement partnerships and expedited removal to scale up the federal government’s ability to arrest and deport more people.
November 26, 2024
On November 25, 2024, the Council sent a letter to the USCIS Ombudsman and FOIA Liaison asking them to investigate and cure the agency’s growing pattern of misprocessing FOIA requests for immigration records.
November 13, 2024

President-elect Donald Trump vowed to deport millions of immigrants in his successful bid for a second term at the White House. This week, we gained a clearer picture about how he aims to fulfill...

This FOIA lawsuit seeks to compel U.S. Citizenship & Immigration Services (USCIS) to end policies of unlawfully withholding application assessments, interview notes, and other records from refugees’ case files.
November 4, 2024

Ports of entry along our borders are supposed to be where people in need of protection can come to seek humanitarian relief. But since 2016, every presidential administration has used different...

November 1, 2024

The “bipartisan border bill” has been front and center in the presidential election, but it is often presented to the public without clarity on what the bill would actually do. In May, U.S....

October 29, 2024

The Torrance County Detention Facility, located in the remote deserts of New Mexico, is notorious for its mistreatment of migrants. The facility’s issues are compounded by the fact that Torrance...