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

  • Press Release

Groups File Lawsuit Challenging Failures of CBP to Respond to FOIA Requests

March 13, 2015
Washington, D.C. — Yesterday, a class action lawsuit was filed by three immigration attorneys and eleven noncitizens challenging 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). FOIA gives an individual the right to access information that the federal government possesses about him or her within 20 business days of making the request.
  • Special Report

No Action Taken: Lack of CBP Accountability in Responding to Complaints of Abuse

Publication Date: 
May 4, 2014
Of the 809 complaints of alleged abuse lodged against Border Patrol agents between January 2009 and January 2012, 97 percent resulted in “No Action Taken.” On average, CBP took 122 days to arrive at...
  • Fact Sheet

Removal Without Recourse: The Growth of Summary Deportations from the United States

Publication Date: 
April 28, 2014
The deportation process has been transformed drastically over the last two decades. Today, two-thirds of individuals deported are subject to what are known as “summary removal procedures,” which...
  • Press Release

HoldCBPAccountable.org Launched to Expose Border-Related Abuse and Litigation

March 26, 2014

An alliance of immigration advocacy groups announces the launch of HoldCBPAccountable.org, a website that catalogues lawsuits and admini

  • 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.
  • Special Report

Bordering on Criminal: The Routine Abuse of Migrants in the Removal System

Publication Date: 
December 10, 2013
This two-part series highlights the findings of the Migrant Border Crossing Study—a binational, multi-institution study of 1,110 randomly selected, recently repatriated migrants surveyed in six...
  • Fact Sheet

An Unlikely Couple: The Similar Approaches to Border Enforcement in H.R. 1417 and S. 744

Publication Date: 
July 24, 2013
The House of Representatives and the Senate have embarked upon very different paths when it comes to immigration reform. On June 27, the Senate passed a comprehensive immigration reform bill—...
  • Fact Sheet

Lost in the Shadow of the Fence

Publication Date: 
May 9, 2013
The Important Economic Relationship of Mexico and the United States Mexico is the United States’ third largest trading partner, after Canada and China, in terms of total trade in goods, while the U.S...
  • Fact Sheet

Enforcement Without Focus: Non-Violent Offenders Caught in the US Immigration Enforcement System

Publication Date: 
April 2, 2013
Since the Department of Homeland Security (DHS) was created in 2003, its immigration-enforcement agencies—Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)—have been...
  • Litigation

Lawsuit Seeking Damages on Behalf of Four-Year-Old U.S. Citizen Wrongly Detained and Returned to Guatemala

In March 2013, the American Immigration Council and Cleary, Gottlieb, Steen & Hamilton, later joined by the Legal Aid Justice Center, filed a lawsuit alleging that CBP officers at Dulles Airport in Virginia unlawfully detained a U.S. citizen child for more than twenty hours, deprived her of contact with her parents, and then effectively deported her to Guatemala. The case was one of ten complaints filed the same week to highlight CBP abuses along the northern and southern borders.

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