Enforcement

Recent Features

All Enforcement Content

May 19, 2017
The Trump administration’s approach will have devastating consequences for immigrant communities and will undermine, rather than improve, public safety.
May 9, 2017
Detained asylum seekers encounter numerous challenges, including the following problems detailed in this report.
April 24, 2017

The last time the Border Patrol received a large infusion of money to hire thousands of new agents, cases of corruption and misconduct spiked in the agency. New hires were not sufficiently vetted...

March 28, 2017
Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
March 21, 2017
This fact sheet explains detainers, how they are used by federal and local enforcement, and the impact they have on immigrants.
March 15, 2017
Through the 287(g) program, state and local police officers collaborate with the federal government to enforce federal immigration laws.
February 27, 2017
The provisions in the order pose serious concerns for the protection and due process rights of those currently residing in the United States, communities along the U.S-Mexico border, and vulnerable...
February 23, 2017
Contrary to what many believe, so-called “sanctuary” policies do not conceal or shelter unauthorized immigrants from detection. Here's what you need to know about these policies.
February 3, 2017
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.
January 25, 2017
This fact sheet includes changes resulting from the creation of the Priority Enforcement Program (PEP) in 2014 and related legal decisions.
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.
March 27, 2017
This amicus brief arguing that any Fourth Amendment violation by state and local law enforcement officers — not just egregious Fourth Amendments violations — should require the suppression of evidence in immigration court proceedings, which is the same standard that applies in the criminal justice arena.
This intervention is needed to protect the integrity of the United States’ immigrant visa process and the families diligently seeking to reunite with their loved ones.
January 13, 2017
A coalition of immigrant and civil rights groups filed a complaint with the Department of Homeland Security’s Office of Civil Rights and Civil Liberties on behalf of numerous adult men and women, families and unaccompanied children who, over the past several months, were denied entry to the United States at ports of entry along the U.S.-Mexico border despite having asserted a fear of returning to their home countries or an intention to seek asylum under U.S. law.
October 25, 2016
The American Immigration Council, in collaboration with the American Immigration Law Association, filed an amicus brief in the case Jennings v. Rodriguez, calling for the Court to overturn Demore v. Kim and end mandatory detention.
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.
In March 2015, the American Immigration Council, in collaboration with the Law Office of Stacy Tolchin, the Northwest Immigrant Rights Project, and the National Immigration Project of the National Lawyers Guild, filed a class action lawsuit against CBP over its nationwide pattern and practice of failing to timely respond to requests under the Freedom of Information Act (FOIA). The plaintiffs included both immigration attorneys and individuals, all of whom had FOIA requests pending for over 20 business days.
On October 21, 2014, the American Immigration Council, the American Civil Liberties Union, and the National Immigration Project of the National Lawyers Guild, with co-counsel, the National Immigration Law Center and Jenner & Block LLP, filed a lawsuit under the Freedom of Information Act to compel the release of government documents regarding the use of the expedited removal process against families with children, including those detained by the Department of Homeland Security (DHS) in Artesia, New Mexico. The suit was filed in the federal district court for the Southern District of New York.
On August 22, 2014, the American Immigration Council, in collaboration with the American Civil Liberties Union, the National Immigration Project of the National Lawyers Guild, the National Immigration Law Center, Van Der Hout Brigagliano & Nightingale LLP, and Jenner & Block, filed this lawsuit in the federal district court for the District of Columbia. The case was a systemic challenge to the policies denying a fair deportation process to mothers and children detained in the Artesia Family Residential Center who had fled extreme violence, death threats, rape, and persecution in Central America and come to the United States seeking safety.
January 21, 2014
The American Immigration Council and National Immigration Project of the National Lawyers Guild (NIPNLG) are seeking to preserve federal court review of damages actions brought by noncitizens for abuse of authority by immigration agents.
February 21, 2017

This Practice Advisory addresses the coming expansion of expedited removal, who likely will be impacted, and possible ways to challenge an expedited removal order. The National Immigration Project...

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.
March 18, 2015
This Practice Advisory, updated following the issuance of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can influence the favorable exercise of prosecutorial discretion by ICE, CBP and USCIS officers.
January 26, 2015
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.
November 13, 2013
This Practice Advisory addresses some of the factual scenarios and legal issues that may arise when seeking to suppress evidence unlawfully obtained at or near the border. This Practice Advisory supplements a prior American Immigration Council Practice Advisory, Motions to Suppress in Removal Proceedings: A General Overview, which has been updated to address certain strategic considerations concerning motions to suppress, including the advisability and timing of filing a concurrent request for prosecutorial discretion or a lawsuit for damages.
August 15, 2013
This Practice Advisory deals primarily with Fourth Amendment limitations on state and local immigration enforcement efforts and also briefly addresses Fifth Amendment violations that may arise from the same types of encounters with state and local officers. It also discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained as a result of a constitutional violation by such officers.
April 29, 2013
A person who has been removed and unlawfully reenters the United States may be subject to reinstatement of removal under INA § 241(a)(5). This Practice Advisory provides an overview of the reinstatement statute and implementing regulations. It also addresses where to obtain federal court review of reinstatement orders and which arguments are available to challenge the legality of reinstatement orders in federal court, including challenges to the underlying removal order.
June 1, 2008

This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

May 26, 2017

For the third time in five years the House Judiciary Committee has passed a draconian interior enforcement immigration bill out of committee on a party line vote. Immigration advocates and...

May 24, 2017

President Trump released his formal budget request to Congress for Fiscal Year (FY) 2018 this week, which seeks to solidify the harsh proposals laid out in his immigration executive orders.  The...

May 23, 2017

While campaigning for office, then-candidate Trump threatened to punish so-called sanctuary cities by defunding them. Soon after his inauguration, he released an executive order on interior...

May 19, 2017

California is once again taking a lead on protecting and integrating its immigrant communities and standing up to the enforcement policies of the Trump administration. The state’s governor and...

May 17, 2017

The House and Senate Homeland Security Committees took action this month on two nearly identical bills that seek to fast-track the hiring of Customs and Border Protection (CBP) Officers and Agents...

May 16, 2017

The new administration has demonstrated that no one is off limits when it comes to ramping up their deportation policies, and as a result community safety is in jeopardy. Despite the fact that...

May 11, 2017

New government data points to a decline in apprehensions of undocumented immigrants along the U.S.-Mexico border over the past few months. This can be attributed to a range of factors, only one of...

May 10, 2017

Democratic and Republican Members of Congress alike introduce “private immigration bills” designed as a last-minute effort to protect some immigrants facing deportation. This week, Immigration and...

May 9, 2017

The government often relies on “fast track” deportation methods to bypass due process protections in an effort to more rapidly process asylum seekers who come to the United States seeking...

May 8, 2017

After threats of a government shutdown echoed throughout Capitol Hill in early May, Congress finally passed a bill to fund the government through the remainder of the Fiscal Year. Though much of...

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.
March 10, 2017
Immigrant rights groups asked the Washington District Court to again enjoin the Trump Administration’s “Muslim Ban” executive order.
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.
January 25, 2017
President Trump announced executive orders that are intended to follow through on campaign promises to build a wall and deport millions. Here's our response.
January 17, 2017
A coalition of immigrant and civil rights groups filed a complaint with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties, last Friday and the Office of Inspector General, on behalf of numerous adult men and women, families and unaccompanied children who, over the past several months, were denied entry to the United States at ports of entry along the U.S.-Mexico border.
December 22, 2016
This registry, known as the National Security Entry-Exit Registration System (NSEERS), was shown to be ineffective and had not been used for years.
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).
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.
November 18, 2016
Alabama Senator Jeff Sessions will be nominated to serve as Attorney General in President-Elect Trump’s new administration. The following is a statement from Beth Werlin, Executive Director of the American Immigration Council.
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).
May 26, 2017

For the third time in five years the House Judiciary Committee has passed a draconian interior enforcement immigration bill out of committee on a party line vote. Immigration advocates and...

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.
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.
May 24, 2017

President Trump released his formal budget request to Congress for Fiscal Year (FY) 2018 this week, which seeks to solidify the harsh proposals laid out in his immigration executive orders.  The...

May 23, 2017

While campaigning for office, then-candidate Trump threatened to punish so-called sanctuary cities by defunding them. Soon after his inauguration, he released an executive order on interior...

May 19, 2017

California is once again taking a lead on protecting and integrating its immigrant communities and standing up to the enforcement policies of the Trump administration. The state’s governor and...

May 19, 2017
The Trump administration’s approach will have devastating consequences for immigrant communities and will undermine, rather than improve, public safety.
May 17, 2017

The House and Senate Homeland Security Committees took action this month on two nearly identical bills that seek to fast-track the hiring of Customs and Border Protection (CBP) Officers and Agents...

May 16, 2017

The new administration has demonstrated that no one is off limits when it comes to ramping up their deportation policies, and as a result community safety is in jeopardy. Despite the fact that...

May 11, 2017

New government data points to a decline in apprehensions of undocumented immigrants along the U.S.-Mexico border over the past few months. This can be attributed to a range of factors, only one of...

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending