Enforcement

Recent Features

FACT SHEET
A Primer on Expedited Removal

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. 

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Detained, Deceived, and Deported: Experiences of Recently Deported Central American Families

First-hand accounts from Central American women and their family members reveal the dangerous and bleak circumstances of life these women and their children faced upon return to their home countries, as well as serious problems in the deportation process. 

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Children in Immigration Court: Over 95 Percent Represented by an Attorney Appear in Court

Many children are placed in deportation proceedings before an immigration judge, where they will carry the legal burden of proving that they should be allowed to remain in the United States. The government does not guarantee them the right to a lawyer. As a result, many children navigate the complicated system without legal representation.

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All Enforcement Content

  • 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

The Fallacy of "Enforcement First"

Publication Date: 
May 9, 2013
Since the last major legalization program for unauthorized immigrants in 1986, the federal government has spent an estimated $186.8 billion on immigration enforcement. Yet during that time, the...
  • 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...
  • Fact Sheet

A Decade of Rising Immigration Enforcement

Publication Date: 
January 8, 2013
With roughly 11 million unauthorized immigrants living in the United States, some question whether the nation’s immigration laws are being seriously enforced. In truth, due to legal and policy...
  • Fact Sheet

Falling Through the Cracks

Publication Date: 
December 12, 2012
The Impact of Immigration Enforcement on Children Caught Up in the Child Welfare System One of the many consequences of an aggressive immigration enforcement system is the separation of children,...
  • Special Report

Border Patrol Agents as Interpreters Along the Northern Border: Unwise Policy, Illegal Practice

Publication Date: 
September 25, 2012
Advocates along the Northern Border report a recent, sharp increase in the use of U.S. Border Patrol (USBP) agents to provide interpretation services to state and local law enforcement officers and...
  • Fact Sheet

Bad for Business: How Anti-Immigration Legislation Drains Budgets and Damages States’ Economies

Publication Date: 
June 4, 2012
This session, state legislatures are once again considering harsh immigration-control laws. These laws are intended to make everyday life so difficult for unauthorized immigrants that they will...
  • Research and Analysis

From Fingerprints to DNA: Biometric Data Collection in U.S. Immigrant Communities and Beyond

Publication Date: 
May 23, 2012
The collection of biometrics—including fingerprints, DNA, and face-recognition ready photographs—is becoming more and more a part of society. Both the Department of Homeland Security (DHS) and the...
  • Special Report

Behind Closed Doors: An Overview of DHS Restrictions on Access to Counsel

Publication Date: 
May 1, 2012
The report describes restrictions on access to legal counsel before DHS, provides a legal landscape, and offers recommendations designed to combat DHS’s harmful practices. It also addresses changes...
  • Research and Analysis

The Myth of "Self-Deportation"

Publication Date: 
April 30, 2012
How Behavioral Economics Reveals the Fallacies behind “Attrition through Enforcement” By Alexandra Filindra, Ph.D....
  • FOIA

Requesting ICE Records About Detained Individuals at Risk of Exposure to COVID-19

This request seeks information that will enhance the public’s understanding of steps ICE has taken to protect detained individuals from an outbreak of COVID-19.
  • FOIA

Demanding Records About the Migrant Protection Protocols Program

The Migrant Protection Protocols—also known as Remain in Mexico—raises alarming safety and due process questions. However, the government has kept information on how the program is being implemented.
  • Legal Resources and Litigation

Statement for the House Subcommittee on Oversight, Management, & Accountability "Hearing on Oversight of ICE Detention Facilities: Is DHS Doing Enough?"

September 25, 2019
This statement shares our knowledge about these problems and inform the Subcommittee of these systemic human rights and due process violations. We hope that our perspective provides insight context for this important hearing.
  • Litigation

Challenging the Expansion of Expedited Removal

The Trump administration wants to increase its power to deport immigrants without a fair day in court through expedited removal. We’re suing.
  • FOIA Litigation

FOIA Lawsuit Demands Release of Information on the Institutional Hearing Program

This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP).
  • Litigation

Standards for Avoiding Deportation Cannot Be Shrouded in Secrecy

We filed a FOIA request seeking statistical information, as well as policies and guidance, regarding Board of Immigration Appeals standards for issuing stays of removal. Because the government failed to respond, we're filing a lawsuit.
  • Advocacy

Statement for the Senate Committee on Homeland Security and Governmental Affairs Hearing on "The Implications of Reinterpretation of the Flores Settlement for Border Security and Illegal Immigration Incentives"

September 18, 2018

The American Immigration Council and American Immigration Lawyers Association submitted a written statement to the Senate Committee on Homeland Security and...

  • FOIA Litigation

FOIA Seeks Information Regarding CBP Responses to Complaints of Officer Abuse

This lawsuit seeks to compel U.S. Customs and Border Protection (CBP) to release records relating to CBP’s complaint process and actions taken in response to complaints made to CBP concerning its agents and officers since January 1, 2012.
  • 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.
  • Litigation

Challenging Immigration Judges' Refusal to Conduct Bond Hearings

This lawsuit challenges the actions of immigration judges in Charlotte, North Carolina who have refused to conduct bond hearings for people who properly file bond motions with the Charlotte Immigration Court.
  • Blog

Biden’s Asylum Transit Ban – Where Are We Now?

June 29, 2023

The end of the COVID-19 public health emergency back in May meant an end to Title 42. That policy, grounded in an obscure public health law, was put in place by the Trump administration in March...

  • Blog

Supreme Court Allows Biden Administration to Reinstitute Its Immigration Enforcement Priorities

June 27, 2023

Last Friday, the U.S. Supreme Court issued a decision in U.S. v. Texas, which allows the Biden administration to resume its implementation of guidelines for immigration enforcement within the...

  • Blog

Florida Wants All New Migrants Arriving at the Border Locked Up. The Courts are Helping.

June 15, 2023

Florida officials think the federal government must detain everyone – or virtually everyone – who arrives at the U.S.-Mexico border without a visa. And it is using the courts to try to make that...

  • Blog

House GOP Lays out Flimsy Case for Mayorkas Impeachment

June 15, 2023

Over the last two years, the House GOP has become increasingly vocal about their disagreements with the Biden administration on immigration and border policy. In recent weeks, this disagreement...

  • Blog

Internal Investigation Shows Appalling Carelessness from Border Patrol Led to Death of 8-Year-Old

June 9, 2023

An internal investigation into the death of a medically vulnerable eight-year-old girl after over a week in Border Patrol custody continues to reveal shocking negligence on the part of medical...

  • Blog

State Legislatures in Florida and Texas Propose and Enact Harmful Immigration Bills

June 2, 2023

Usurping the role of the federal government, state legislatures in Florida and Texas have proposed multiple harmful immigration bills during this year’s legislative session. Several Florida...

  • Blog

Is Chevron deference on the Supreme Court’s chopping block?

May 24, 2023

The Supreme Court has agreed to decide a case that asks the Court to overturn Chevron v. National Resources Defense Council—an influential decision that requires courts to defer to federal...

  • Blog

Border Patrol Custody Is Already Dangerous and This Florida Lawsuit Is Making It Worse

May 19, 2023

One of the biggest concerns after the end of the Title 42 policy of mass expulsion at the U.S.-Mexico border was that large numbers of people would cross in the hours and days afterward. When the...

  • Blog

How To Seek Asylum (Under Biden’s Asylum Transit Ban), In 15 Not-At-All-Easy Steps

May 11, 2023

Back in February, when the Biden administration proposed a new regulation that would essentially restrict the vast majority of border crossers from qualifying for asylum, we broke it down with a...

  • Blog

Newly Introduced Border Bill Would Create More Chaos at the Border, Not Less

May 9, 2023

With the pandemic-related expulsion policy “Title 42” set to expire May 11, the House GOP introduced its first large-scale border and immigration package on Monday. The bill combines three...

  • Press Release

130+ Groups Release Top Five Immigration Priorities for Biden Administration’s Next Budget

August 17, 2021
As the Biden administration begins crafting next year's budget, 131 organizations published a statement for the Biden administration outlining the top immigration priorities that must be included in the country’s budget for Fiscal Year 2023.
  • Press Release

Biden Budget Request on Immigration is a Missed Opportunity for Meaningful Change

May 28, 2021
The Biden administration disclosed today a $54.2 billion budget request for the U.S. Department of Homeland Security for fiscal year 2022. The request is is deeply disappointing and a missed opportunity to set immigration enforcement in the United States on a new path.
  • Press Release

Facts About the Current Situation at the Border

March 23, 2021
The nation has turned its attention to the current situation at the U.S.-Mexico border, including the rise in immigrant children in U.S. government custody. Much of the conversation has focused on a supposed surge in arrivals under the Biden administration, but the current increase began well before President Biden took office.
  • 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

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

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.
  • Press Release

Judge Grants Class-Action Status to Thousands of Immigrants Waiting for Access to Their Immigration Records

October 15, 2019
A federal court in San Francisco certified two nationwide classes of immigrants and attorneys claiming that U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement have a systemic pattern and practice of failing to provide access to immigration case records within deadlines set by the Freedom of Information Act. The case records, known as A-files, contain information about individuals’ immigration history in the United States. This is the first time a court has certified a class in a lawsuit alleging a pattern and practice of violating FOIA
  • Press Release

Lawsuit Demands Information on the Expansion of CBP’s Role in the Screening of Asylum Seekers

October 2, 2019
The American Immigration Council and Tahirih Justice Center filed a Freedom of Information Act lawsuit in federal court to compel the government to release records about the Trump administration’s troubling new practice of allowing U.S. Customs and Border Protection officers to screen individuals seeking asylum in the United States. The lawsuit seeks these documents to shed light on changes to the asylum screening process, CBP’s role in conducting interviews and making determinations regarding an asylum seeker’s “credible fear” of persecution, and the measures taken by CBP, U.S. Citizenship and Immigration Services, and the Department of Homeland Security to implement this new practice.
  • Press Release

Federal Court Blocks Trump Fast-Track Deportation Policy

September 28, 2019
A federal court has blocked a Trump administration policy that sought to massively expand fast-track deportations without a fair legal process such as a court hearing or access to an attorney. The American Immigration Council, the American Civil Liberties Union, and Simpson Thacher & Bartlett LLP sought the preliminary injunction, which was granted close to midnight on Friday by U.S. District Judge Ketanji Brown Jackson.
  • Press Release

New Report Shows Immigrants in Androscoggin County, Maine Paid Over $24 Million in Taxes and Held Over $74 Million in Spending Power in 2019

April 4, 2024
Immigrants play a crucial role in the labor force in southern Maine, according to data in a new report.
  • Blog

Border Patrol and Ohio Law Enforcement Engage in Racial Profiling in Northern Ohio, New Report Finds

March 27, 2024

By Gwen Short, Staff Attorney at Advocates for Basic Legal Equality and Raul Pinto, Deputy Director of Transparency at the American Immigration Council ABLE and the American Immigration Council...

  • 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.
  • FOIA

Ohio, We Have A Problem

  • 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.
  • Blog

Differences in State Sunshine Laws Can Threaten Transparency Around Immigration Detention and Enforcement

March 15, 2024

By Tsion Gurmu, Legal Director at the Black Alliance for Just Immigration and Raul Pinto, Deputy Legal Director of Transparency The main way in which the public can access information about what...

  • Blog

Despite Progress, the Tragedy of Family Separation Can Never Be Undone

March 13, 2024

Six years ago, a man came to the U.S./Mexico border with his five-year-old daughter, looking for safety in the United States.   At home, a rival political faction had been making death threats...

  • Blog

Showdown Between Texas Authorities and the Federal Government Headed to the Supreme Court

March 8, 2024

By Kate Melloy Goettel and Juan Avilez  A Texas law that allows local law enforcement to arrest migrants, state court judges to issue removal orders, and state officials to remove migrants to...

  • Advocacy

Testifying on the Subcommittee on Immigration Integrity, Security, and Enforcement “Presidential Power to Secure the Border”

Publication Date: 
March 7, 2024
The American Immigration Council appeared before Congress to discuss the need for Congress to overhaul the asylum system.
  • Blog

The State of Texas Isn’t Just Creating Chaos and Cruelty at the Border—It’s Trying to Break the Things That Work

March 1, 2024

For decades, the Catholic nonprofit Annunciation House has worked to support migrants in El Paso, Texas. It’s provided shelter, food and services to countless people who have just arrived in the...

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