Border 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

TESTIMONY
Providing Perspective on the Application of Immigration Law at the US Southwest Border

The reality at the U.S. southern border is complicated. Dive into the role and authority of the executive branch and immigration enforcement agencies. 

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FACT SHEET
Rising Border Encounters in 2021: An Overview and Analysis

For generations, the United States has seen periodic cycles of migration. The arrival of high numbers of asylum seekers is a humanitarian protection management challenge, not a security challenge.

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All Border Enforcement Content

  • Research and Analysis

Throwing Good Money After Bad: Immigration Enforcement

Publication Date: 
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...
  • Research and Analysis

The Rise and Fall of the Secure Border Initiative’s High-Tech Solution to Unauthorized Immigration

Publication Date: 
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...
  • Special Report

DHS Progress Report: The Challenge of Reform

Publication Date: 
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...
  • Research and Analysis

New Data on Federal Court Prosecutions Reveal Non-Violent Immigration Prosecutions Up

Publication Date: 
February 4, 2010
The Transactional Records Access Clearinghouse (TRAC) reports that federal immigration prosecutions rose to record levels during fiscal year...
  • Research and Analysis

Keeping Migrants Here: Recent Research Shows Unintended Consequences of U.S. Border Enforcement

Publication Date: 
June 17, 2009
The Department of Homeland Security released a report this week showing that apprehensions...
  • Fact Sheet

Money for Nothing: Immigration Enforcement without Immigration Reform Doesn’t Work

Publication Date: 
May 22, 2008
While the U.S. government has poured billions upon billions of dollars into immigration enforcement, the number of undocumented immigrants in the United States has increased dramatically. Rather than...
  • Fact Sheet

The Politics of Contradiction: Immigration Enforcement vs. Economic Integration

Publication Date: 
May 21, 2008
Since the mid-1980s, the federal government has tried repeatedly, without success, to stem the flow of undocumented immigrants to the United States with immigration-enforcement initiatives: deploying...
  • Special Report

Beyond Border Enforcement: Enhancing National Security Through Immigration Reform

Publication Date: 
May 2, 2007
Since 9/11 the watchword in the debate over immigration reform has been “security.” As a result, most policymakers and pundits now approach the subject of immigration largely from a law-enforcement...
  • Research and Analysis

Is More Getting Us Less? Real Solutions for Securing our Border

Publication Date: 
February 15, 2007
Ongoing reports about Mexico’s bloody conflict with organized crime have raised again the question of whether the United States should do more to prevent such violence from “spilling over” into the...
  • Research and Analysis

A Humanitarian Crisis at the Border: New Estimates of Deaths Among Unauthorized Immigrants

Publication Date: 
February 1, 2007
By Raquel Rubio-Goldsmith, M. Melissa McCormick, Daniel Martinez & Inez Magdalena Duarte
  • FOIA

Family Separation FOIA Request

The requests ask for policies, guidelines, or procedures followed or used by the governmental agencies to address the processing and treatment of families at the U.S.-Mexico border and specifically, the separation of adult family members from minor children and the criminal prosecution of adult family members.
  • Advocacy

Complaint Documents 15 Cases of Family Separation at the Border

December 11, 2017
The practice of dividing families raises Constitutional due process concerns under the Fifth Amendment, violates United States’ obligations under international law, and contravenes voluminous evidence maintaining that family separation is not in the best interest of the child.
  • Litigation

Seeking Records on CBP's Participation in Domestic Law Enforcement Activities

This lawsuit seeks to compel CBP to disclose the requested records concerning USBP agents’ practices.
  • Litigation

Challenging Customs and Border Protection's Unlawful Practice of Turning Away Asylum Seekers

Asylum seekers are being illegally turned away by Customs and Border Protection officers. We're suing.
  • Litigation

Challenging ICE Interference with Legal Representation at Dilley

This case stems from Immigration and Customs Enforcement's (ICE) decision to bar Caroline Perris, a full-time legal assistant with the Dilley Pro Bono Project (DPBP), from entering the South Texas Family Residential Center in Dilley, Texas.
  • Advocacy

Petition for Rulemaking Requests New Regulations Governing Access to Counsel

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.
  • Legal Resources and Litigation

Statement for the Senate Judiciary Committee on “Building America’s Trust Through Border Security: Progress on the Southern Border”

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.
  • Legal Resources and Litigation

Statement for the House Homeland Security Committee on "Ending the Crisis: America's Borders and the Path to Security"

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.
  • FOIA Litigation

FOIA Lawsuit Seeking Disclosure of the CBP Officer’s Reference Tool

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.
  • Litigation

Challenging Unconstitutional Conditions in CBP Detention Facilities

The class-action lawsuit complaint alleges that Tucson Sector Border Patrol holds men, women, and children in freezing, overcrowded, and filthy cells for days at a time in violation of the U.S. Constitution and CBP’s own policies.
  • Blog

At Dueling Border Hearings, New House Majority Pushes Partisan Narrative Over Facts

February 10, 2023

In January, Republicans took control of the House of Representatives. After a lengthy fight over the Speaker of the House resolved, the new majority wasted no time in holding multiple hearings on...

  • Blog

Family Reunification Task Force Reports Nearly 1,000 Children Remain Separated

February 10, 2023

Nearly 1,000 children separated from their families at the southern border by the Trump administration remain separated to this day, according to a Biden administration fact sheet released on...

  • Blog

Still Awaiting Court Dates, Migrants Suffer the Effects of ‘Band-Aid’ Fixes to Our Broken Immigration System

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...

  • Blog

DHS Fails to Address Concerns about CBP One as the Agency Expands the App’s Use

January 13, 2023

On January 5, the U.S. Department of Homeland Security (DHS) announced new measures to process people seeking asylum at ports of entry on the U.S.-Mexico border who are asking to be exempt from...

  • Blog

What’s Next for Title 42? The Policy Still Has the Border in Its Grip

January 12, 2023

Weeks after Title 42 was ordered to end in December 2022, the supposed “public health” policy is still effectively closing the border to many asylum seekers after an eleventh-hour order from the...

  • Blog

Public Records Requests Uncover Details About Flights of Migrants to Martha’s Vineyard

October 26, 2022

The flights of migrants from Texas to Martha’s Vineyard in September refocused attention on a phenomenon that had been unfolding for many months—the relocation of migrants by Republican governors...

  • Blog

The Biden Administration Cracks Down on Venezuelan Migrants — What You Need to Know

October 18, 2022

Faced with rising numbers of Venezuelans coming to the border and seeking asylum, the Biden administration has initiated what could be its most extensive crackdown on migrants since taking office...

  • Blog

Unpacking the Migrant Shooting in Texas

October 5, 2022

Late last week, detention center warden Michael Sheppard and his twin brother Mark Sheppard were arrested after allegedly shooting into a group of 13 migrants, killing one and seriously injuring...

  • Blog

Fact Check: Migrants Aren’t the Ones Smuggling Fentanyl Into the United States

September 7, 2022

There is no doubt that fentanyl is a major problem inside the United States. Over the last decade, rising availability of fentanyl has caused a spike in overdose deaths across the nation. In 2021...

  • Blog

Sikh Asylum Seekers in Arizona Face Religious Discrimination by the Border Patrol

September 6, 2022

Border Patrol agents in Arizona have been confiscating and not returning the turbans worn by Sikh asylum seekers as part of their religion. Immigrant advocates and members of Congress have pointed...

  • Press Release

Immigrant Rights Advocates Ask Court to Block Trump Administration Attempt to Thwart Court Order

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.
  • Press Release

Lawsuit Demands Records on the Treatment of Migrant Children at the Border During COVID-19 Pandemic

October 30, 2020
Children and immigration advocacy groups filed a lawsuit in the Northern District of Illinois against CBP requesting information about the agency’s implementation of the CDC rule suspending people from entering the United States due to the COVID 19 pandemic and its specific impact on unaccompanied migrant children fleeing harm and seeking protection in the United States.
  • Press Release

Immigrant Rights Advocates Ask Court to Permanently Block Trump Policy Turning Back Asylum Seekers

September 8, 2020
Asylum seekers who have been turned back by U.S. Customs and Border Protection from ports of entry along the U.S.-Mexico border asked a federal court to permanently stop the Trump administration’s Turnback Policy and declare it unlawful.
  • Press Release

New Report Reveals the Impact of COVID-19 Across the US Immigration System

May 27, 2020
The American Immigration Council's latest report examines major changes to the U.S. immigration system in the wake of the COVID-19 pandemic and the unique challenges the pandemic has created for noncitizens and government agencies.
  • Press Release

US: Lawsuit Over ‘Remain in Mexico’ Program Secrecy

May 14, 2020
The American Immigration Council, the American Immigration Lawyers Association, Human Rights Watch, and the law firm Winston & Strawn LLP filed a lawsuit in the U.S. Northern District of California today to compel the release of records about the US Migrant Protection Protocols, also known as the “Remain in Mexico” program.
  • Press Release

A Federal Court Allows Parents and Children Torn Apart by Family Separation Policy to Continue Suit Against the Trump Administration

March 31, 2020
A federal court in Arizona allowed five asylum-seeking mothers and their children who were torn apart under the Trump administration’s family separation policy to move forward with a lawsuit against the United States for the cruel treatment and anguish U.S. immigration agencies inflicted on them. The court denied the government’s motion to dismiss the case.
  • Press Release

Federal Court Finds Conditions in Customs and Border Protection Detention Facilities Unconstitutional

February 19, 2020
A federal court ordered U.S. Customs and Border Protection to overhaul the way the agency detains people in its custody in the Tucson Sector. The court found that the conditions in CBP holding cells, especially those that preclude sleep over several nights, are presumptively punitive and violate the U.S. Constitution.
  • Press Release

Trial Challenging Unconstitutional Conditions in Customs and Border Protection's Facilities in Arizona Ends

January 23, 2020
During the course of the trial, a federal judge heard from qualified experts who testified on the inadequate medical care and severe conditions inside CBP detention centers.
  • Press Release

Immigration Groups Challenge Inhumane Conditions Inside U.S. Border Patrol Detention Facilities in Court

January 13, 2020
The trial in a legal challenge to the horrific conditions in U.S. Border Patrol's short-term detention facilities across the Tucson sector, filed in June 2015 by immigration groups, begins on Monday, Jan. 13 at the U.S. District Court in Tucson, Arizona.
  • Press Release

Safe Third Country Agreements with Central American Countries Eviscerate America’s Asylum System

November 20, 2019
The Trump administration published a new rule that seeks to implement safe third country agreements that the United States entered into with Guatemala, Honduras, and El Salvador—and bar many individuals seeking protection in the United States from being able to apply for asylum.
  • Advocacy

Testifying on the Positive Economic Contributions of Immigrants in the U.S. and the American Immigrant Workforce

Publication Date: 
September 20, 2023
The American Immigration Council appeared before Congress to address the economic contributions of immigrants in the U.S. and the American economic system.
Protestors raise their hands in solidarity outside of the Fifth Police Precinct in Minneapolis in response to the death of George Floyd
  • FOIA

Beyond the Border: U.S. Customs and Border Protection (CBP) Presence at Racial Justice Protests in Summer of 2020

Our new, joint report shows that CBP often got involved in policing protests without being asked by city or state officials, and that its actions went beyond its supposed mandate to protect federal property.
  • Letters

American Immigration Council leads coalition letter to DHS requesting transparency into Family Expedited Removal Program

September 19, 2023

The American Immigration Council joined 45 other organizations in calling on the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and...

  • Blog

Fifth Circuit Allows Texas to Keep Its Controversial ‘Buoy Barrier’ in Place for Now

September 14, 2023

Since President Biden took office, Texas Governor Greg Abbott has been escalating both rhetoric and action in response to a rise in migration across the Rio Grande. Right now, challenges to his...

  • Blog

CBP’s Continued ‘Turnbacks’ Are Sending Asylum Seekers Back to Lethal Danger

August 10, 2023

On April 8, a family came to the San Ysidro port of entry in Tijuana and asked to be let into the United States to seek asylum. The husband’s arm was bleeding. He’d been shot. The cartel that had...

  • Press Release

Solicitantes de Asilo Piden a la Corte Bloquear la Política de Rechazo

August 10, 2023
El miércoles, un grupo de solicitantes de asilo presentó una petición para bloquear la política ilegal de la administración Biden de rechazar a las personas que buscan asilo en los puertos de entrada a lo largo de la frontera con Estados Unidos.
  • Press Release

Asylum Seekers Ask Court to Block Turnback Policy

August 10, 2023
On Wednesday a group of asylum seekers moved to block the Biden administration’s unlawful policy of turning back people seeking asylum at ports of entry along the southern border.
  • Blog

Lawsuit Challenging Texas’ Floating Barrier Raises Questions About Its Other Border Policies

August 1, 2023

The post Lawsuit Challenging Texas’ Floating Barrier Raises Questions About Its...

  • Blog

The True Impact of Biden’s Asylum Transit Ban

July 28, 2023

On Tuesday, a federal judge ruled that the Biden administration’s asylum transit ban was illegal and should be vacated. The ruling isn’t in effect yet – it was delayed for 14 days and may be...

  • Litigation

Challenging CBP One Turnback Policy

This lawsuit challenges the federal government’s border-wide policy and practice of turning back asylum seekers without a CBP One appointment at ports of entry.

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