Border 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

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

  • Blog

The Border Isn’t Open. Just 1 in 3 People at the Border Last Year Could Access the Asylum Process.

October 26, 2021

The Department of Homeland Security (DHS) published new data last week showing that over the past 12 months, the Border Patrol has carried out nearly 1.7 million apprehensions at the southern...

  • Blog

Biden Administration Announces Plan for Reinstating the Migrant Protection Protocols

October 18, 2021

Two months after a federal court ordered the Biden administration to reinstate the so-called Migrant Protection Protocols (also known as “Remain in Mexico”), the administration announced that it...

  • Blog

Biden Administration Doubles Down On Title 42 As Del Rio Expulsions Draw to A Close

October 8, 2021

In September, nearly 15,000 Haitians arrived near Del Rio, Texas seeking asylum in the United States. But rather than allowing them to seek protection, as is their right under United States law,...

  • Blog

With New Florida Lawsuit, States’ Efforts to Dictate Federal Immigration Policy Continue

September 30, 2021

Florida Governor Ron DeSantis announced a new lawsuit on Tuesday seeking an order requiring the Biden administration to detain almost all people arriving at the Southwest border. It is the latest...

  • Blog

Del Rio Migrant Camp Shows How Biden Administration Is Not Living Up to Its Promises

September 21, 2021

Roughly 14,000 Haitians arrived at the border across from Del Rio, Texas in mid-September and walked across the Rio Grande to seek asylum. Many first left Haiti in 2010 following a devastating...

  • Blog

Turning Back Asylum Seekers is Against the Law, Court Finds

September 7, 2021

A federal court concluded Thursday that the U.S. government’s turning back of asylum seekers at ports of entry along the U.S.-Mexico border—primarily through a practice called metering—not only...

  • Blog

Supreme Court Refuses to Stop the Migrant Protection Protocols From Going Back Into Effect

August 25, 2021

The Supreme Court refused to block an order to reinstate the Migrant Protection Protocols, also known as the “Remain in Mexico” policy. The decision comes after a Texas judge halted the government...

  • Blog

Federal Court Orders Biden to Restore the ‘Remain in Mexico’ Program

August 16, 2021

The Trump administration’s Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program, inflicted extreme harm on vulnerable people seeking asylum at the border beginning in...

  • Blog

Texas’ Order to Pull Over Vehicles Carrying Migrants Likely Violates the Constitution, Judge Rules

August 6, 2021

A federal judge on Tuesday dealt an important blow to Texas Governor Greg Abbott’s flawed plan to stop migrants from entering and traveling through Texas. Governor Abbott issued an executive order...

  • Blog

Biden Administration Announces Plans to Ramp up Deportations of Families Arriving at the Border

July 28, 2021

As the number of families coming to the border has increased from June to July, the Biden administration is beginning yet another crackdown. Late on July 26, the Department of Homeland Security (...

  • Press Release

American Immigration Council's Statement on President Trump's Immigration Principles

October 8, 2017
The White House released its long anticipated, "Immigration Principles and Policies," which lay out many of the already-stated aspirations of the Trump administration on immigration. The laundry list represents a wholesale attack on immigration and immigrants. It includes not only limits on immigration generally, but enables mass deportations and envisions bypassing necessary procedures that protect children and asylum seekers.
  • Press Release

ICE Settles Case Challenging Interference with Legal Representation at Dilley

August 16, 2017
The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum.
  • Press Release

Class Action Lawsuit Challenges Practice of Turning Away Asylum Seekers at U.S. Southern Border

July 12, 2017

Washington D.C. - Today an immigrant rights group and several asylum seekers filed a class action lawsuit against officials at the U.S. Department of Homeland Security and U.S.

  • Press Release

Lawsuit Challenges Government’s Interference with Legal Representation of Mothers and Children Detained in Dilley, Texas

June 2, 2017
Access to legal counsel is a core American value and is the cornerstone of our justice system. Yet, Immigration and Customs Enforcement (ICE) has severely limited access to legal assistance for asylum-seeking women and children held in family detention facilities.
  • Press Release

Immigrants’ Access to Counsel Topic of New Rulemaking Petition

May 25, 2017
AILA and the Council have petitioned the Department of Homeland Security and the Department of State to issue new regulations that will ensure all immigrants have access to legal counsel in secondary and deferred inspection, as well as overseas consular interviews.
  • Press Release

Statement from the American Immigration Council on Leaked DHS Memo on Border Security

February 17, 2017
The memo calls for the expansion of detentions and deportations, the hiring of more Border Patrol agents, the use of State National Guards, the building of a border wall, and the creation of new barriers for asylum seekers, among other provisions.
  • Press Release

Lawsuit Seeks Transparency in CBP Admission Procedures

December 21, 2016
The American Immigration Lawyers Association (AILA), represented by the American Immigration Council and Foley & Lardner LLP, filed a lawsuit to compel U.S. Customs and Border Protection's (CBP) compliance with the Freedom of Information Act (FOIA), and to request release of the CBP Officer's Reference Tool (ORT).
  • Press Release

Court Orders Government to Fix Inhumane Conditions in Border Patrol Holding Cells

November 18, 2016
A federal district court found that U.S. Customs and Border Protection is violating the constitutional rights of people detained in holding facilities in Arizona and ordered the government to take steps to improve conditions in these facilities, known as hieleras.
  • Press Release

Groups Settle Lawsuit Challenging Failure of U.S. Customs and Border Protection to Timely Respond to FOIA Requests

October 5, 2016
In accordance with a settlement reached by the parties, a federal district court dismissed a class action lawsuit which challenged U.S. Customs and Border Protection’s (CBP) nationwide practice of failing to timely respond to requests for case information under the Freedom of Information Act (FOIA).
  • Press Release

Court Orders Release of Graphic Photos of Arizona Border Patrol Detention Facilities and Damning Expert Witness Testimony

August 18, 2016
Today, groups made public damning evidence, including expert testimony and video stills illustrating the deplorable and unconstitutional conditions detained individuals are subjected to in Border Patrol custody in the agency’s Tucson Sector.
  • 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...

  • Amicus Briefs

Demanding ICE Provide Essential Data

Publication Date: 
January 30, 2023
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.
  • 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...

  • Press Release

Biden Administration Expands Use of Title 42 and Proposes New Asylum Ban, In Exchange for Creation of Alternate Pathways for Migration and New Methods of Seeking Asylum at Ports of Entry

January 5, 2023
The American Immigration Council responds to new announced a series of border policy reforms, including a variant of President Trump's asylum "Transit Ban", from the Biden administration.
  • Press Release

Judge Strikes Down Title 42 Policy: A Long Overdue Step Toward Rebuilding the US Asylum System

November 15, 2022
Judge Emmet G. Sullivan issued a decision vacating and ending Title 42, more than two and a half years after the purported public health policy went into effect.
  • 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...

  • FOIA

FOIA Request Seeks Records Regarding Parole Guidance and Incorrect Addresses on CBP Documents After Migrants Flown to Martha's Vineyard

The requested records will shed light on CBP's practices with respect to granting and extending humanitarian parole and the agency's determinations regarding which addresses to include on immigration paperwork.
  • Press Release

Biden Administration Pairs Humanitarian Aid and H-2B Visa Expansion with Trump-Style Border Enforcement in Venezuelan Response Plan

October 24, 2022
The American Immigration Council alongside responded to the Biden Administration’s announcement of a parole program to protect some Venezuelan nationals with ties to the U.S., expansion of Title 42 to expel Venezuelans who cross the border without prior authorization, and nearly 65,000 added visas under the H-2B program.
  • 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...

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