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

  • Fact Sheet

The Cost of Immigration Enforcement and Border Security

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.
  • Fact Sheet

An American Immigration Council Analysis of the President’s 212(f) Proclamation and Interim Final Rule Restricting Asylum

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...
  • Fact Sheet

The Biden Administration’s Proposed Regulation On Asylum Bars: An Analysis

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...
  • Fact Sheet

The “Migrant Protection Protocols”

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...
  • Fact Sheet

A Primer on Expedited Removal

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.
  • Research and Analysis

Alternatives to Immigration Detention: An Overview

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...
  • Fact Sheet

CBP One: An Overview

Publication Date: 
June 2, 2023
CBP One is a mobile app developed to streamline interaction between travelers and CBP officers at ports of entry using technology which includes GPS tracking and facial recognition. However, it is...
  • Fact Sheet

The Removal System of the United States: An Overview

Publication Date: 
August 9, 2022
This fact sheet provides an explanation on how noncitizens may find themselves facing deportation from the country, how the removal proceeding may look, what types of relief can be sought after a...
  • Fact Sheet

A Guide to Title 42 Expulsions at the Border

Publication Date: 
May 25, 2022
The United States has long guaranteed the right to seek asylum to individuals who arrive at our southern border and ask for protection. But since March 20, 2020, that fundamental right has been...
  • Fact Sheet

Rising Border Encounters in 2021: An Overview and Analysis

Publication Date: 
March 4, 2022
This Council fact sheet provides an overview and analysis of border encounters and border apprehensions in 2021.
  • Comments

Council and AILA submit Comments on Interim Final Rule Restricting Access to Humanitarian Protections at the U.S./Mexico Border

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.
  • Comments

Council and AILA Submit Comment on the Application of Certain Mandatory Bars in Fear Screenings

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.
  • FOIA

The Council Seeks Records on How the Government Interdicts Migrants at Sea

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.
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...

  • 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.
  • FOIA

Council Seeks Records on CBP’s Treatment of Migrants at the U.S.-Mexico Border

This FOIA request seeks information on CBP’s treatment of asylum seekers and their access to inspection appointments scheduled via CBP One, revealing potential violations of their rights.
  • FOIA

ICE Didn’t Follow Federal Enforcement Priorities Set by Biden Administration

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.
  • Litigation

Separated Family Members Seek Monetary Damages from United States

The Council is seeking monetary damages on behalf of six asylum-seeking mothers and their children for the trauma they suffered when torn apart under the Trump Administration’s family separation policy.
  • 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.
  • Practice Advisories

Arriving Noncitizens and Adjustment of Status

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.
  • Practice Advisories

Reinstatement of Removal

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.
  • Practice Advisories

Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection

Publication Date: 
August 1, 2017
This Practice Advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by Customs and Border Protection officers.
  • Practice Advisories

Inspection and Entry at a Port of Entry: When is there an Admission?

Publication Date: 
October 22, 2015
This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status.
  • Practice Advisories

Seeking a Judicial Stay of Removal in the Court of Appeals

Publication Date: 
January 21, 2014
This Practice Advisory provides background information about requesting stays of removal from the court of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who are successful on their appeal.
  • Blog

Biden Should Use His Authority to Protect Vulnerable Immigrants Before He Leaves Office

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...

  • Blog

Federal Appeals Court Rules in Favor of Asylum Seekers’ Rights to Present at POEs

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...

  • Blog

What Is the ‘Bipartisan Border Bill’ and How Would It Change the US Immigration System?

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....

  • Blog

The Current State of the Border: Crossings Remain Low While Pressure Builds in Southern Mexico

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...

  • Blog

Kamala Harris’ Opportunity to Reframe the Immigration Conversation

July 23, 2024

The American Immigration Council does not endorse or oppose candidates for elected office. We aim to provide analysis regarding the implications of the election on the U.S. immigration system. As...

  • Blog

Why Are Border Crossings at Their Lowest Level in Four Years?

July 19, 2024

Border crossings are at their lowest in four years. Is the Biden administration’s executive action working as intended—or is there another factor at play? Apprehensions at the U.S.-Mexico border...

  • Blog

Border Patrol’s 100th Anniversary Offers Chance to Look Back at Its Disturbing Origins

June 7, 2024

The U.S. Border Patrol turned 100 years old on May 28. Its troubled origins and history form the backdrop for contemporary concerns about the agency, including impunity for abuses against migrants...

  • Blog

Biden’s New Changes to the Asylum Process: What You Need to Know

June 5, 2024

On June 4, President Biden issued a sweeping order under section 212(f) of the Immigration and Nationality Act claiming that allows him to “suspend the entry” of most migrants who cross the border...

  • Blog

Borderland: The Line Within Takes Viewers Through CBP’s Raid on a Humanitarian Aid Camp

May 31, 2024

Borderland: The Line Within, a documentary directed by Pamela Yates and produced by Skylight Pictures, made its theatrical debut on May 3. Borderland takes viewers through a gripping narrative of...

  • Blog

Biden Proposes Rule to Quickly Remove Certain Migrants During Initial Screening Process at the Border

May 13, 2024

On May 9, the Biden administration proposed a rule that would allow asylum officers to consider and impose certain restrictions or “bars” to the initial asylum screening process at the border....

  • Press Release

NEW REPORT: Gaps in Detention Data from Torrance Detention Facility Show Racial Disparities

October 24, 2024
In a New Mexico detention center, ICE categorized People with African, Asian, and South American backgrounds as racially ‘white’
  • Press Release

Ninth Circuit Upholds Rights of Asylum Seekers, Rules “Metering” Unlawful

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.
  • Press Release

New Report Details Catastrophic Impact of Mass Deportation and Family Separation Plans

October 2, 2024
A new report details the catastrophic costs of a potential mass deportation and family separation plan.
  • Press Release

Court Allows Legal Challenge to CBP One Turnback Policy to Proceed

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.
  • Press Release

Extended Harsh Asylum Restrictions Won’t Fix Our Broken Immigration System

October 1, 2024
We need a balanced approach to addressing challenges at our southern border and our overwhelmed, broken asylum system.
  • Press Release

Biden's Executive Action Will Not Make Border More Orderly or Secure

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.
  • Press Release

Texas SB4 Law Sets Damaging Precedent for Similar Bills that Endanger Immigrant Families

March 19, 2024
SB4 is cruel, inhumane, and clearly unconstitutional.
  • Press Release

Records Shed Light on Border Patrol’s Racial Profiling of Immigrants in Ohio

March 19, 2024
A new report sheds light on Border Patrol's use of racial profiling when targeting Latinos in northern Ohio.
  • Press Release

House Republicans Vote to Impeach Department of Homeland Security Secretary

February 13, 2024
On Tuesday, February 13, 2024, the House Republican majority chose to continue efforts to impeach the Secretary of Homeland Security Alejandro Mayorkas, holding another vote which passed, 214 to 213.
  • Press Release

Immigrant Rights Groups Sue for Information on Asylum Turnbacks

October 18, 2023
The American Immigration Council and the Center for Gender & Refugee Studies (CGRS) have filed a Freedom of Information Act (FOIA) lawsuit to compel the Biden administration to release information on its new policy of turning back people who request asylum without first obtaining an appointment via the government’s CBP One smartphone app.
  • Blog

Biden Should Use His Authority to Protect Vulnerable Immigrants Before He Leaves Office

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...

  • Blog

Federal Appeals Court Rules in Favor of Asylum Seekers’ Rights to Present at POEs

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...

  • Blog

What Is the ‘Bipartisan Border Bill’ and How Would It Change the US Immigration System?

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....

  • Press Release

NEW REPORT: Gaps in Detention Data from Torrance Detention Facility Show Racial Disparities

October 24, 2024
In a New Mexico detention center, ICE categorized People with African, Asian, and South American backgrounds as racially ‘white’
  • Press Release

Ninth Circuit Upholds Rights of Asylum Seekers, Rules “Metering” Unlawful

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.
  • Blog

The Current State of the Border: Crossings Remain Low While Pressure Builds in Southern Mexico

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...

  • Press Release

New Report Details Catastrophic Impact of Mass Deportation and Family Separation Plans

October 2, 2024
A new report details the catastrophic costs of a potential mass deportation and family separation plan.
  • Press Release

Court Allows Legal Challenge to CBP One Turnback Policy to Proceed

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.
  • Press Release

Extended Harsh Asylum Restrictions Won’t Fix Our Broken Immigration System

October 1, 2024
We need a balanced approach to addressing challenges at our southern border and our overwhelmed, broken asylum system.
  • Fact Sheet

The Cost of Immigration Enforcement and Border Security

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.

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