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

FACT SHEET
Expedited Removal Explainer

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

  • Amicus Briefs

Avalos-Palma v. United States - District Court for the District of New Jersey

Publication Date: 
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.
  • Amicus Briefs

F- P- v. Holder - Ninth Circuit

Publication Date: 
January 3, 2014
Long used in criminal trials, motions to suppress can lead to the exclusion of evidence obtained by the government in violation of the Fourth Amendment, Fifth Amendment, or related provisions of federal law. While the immediate purpose of filing a motion to suppress is to prevent the government from meeting its burden of proof, challenges to unlawfully obtained evidence can also deter future violations by law enforcement officers and thereby protect the rights of other noncitizens. The Supreme Court held in INS v. Lopez-Mendoza, 468 U.S. 1032 (1984), that motions to suppress evidence under the Fourth Amendment in immigration proceedings should be granted only for “egregious” violations or if violations became “widespread.” Despite this stringent standard, noncitizens have prevailed in many cases on motions to suppress.
  • Press Release

Federal Judge Enjoins Key Provisions of South Carolina’s Immigration Law

December 22, 2013

Washington, D.C.—The American Immigration Council welcomes today’s ruling from U.S. District Judge Richard M.

  • Special Report

The Faulty Legal Arguments Behind Immigration Detainers

Publication Date: 
December 18, 2013
In late June 2012, the Supreme Court struck down three provisions of Arizona’s SB 1070 and left a fourth vulnerable to future legal challenge. As has been well documented, the Court’s rejection of SB...
  • 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...
  • Practice Advisories

Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues

Publication Date: 
November 20, 2013

This Practice Advisory discusses the "departure bar" to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.

  • Press Release

ICE Agrees to Release Thousands of Previously-Withheld Records

August 2, 2013

Washington, DC – Yesterday, a U.S.

  • Fact Sheet

Cracking the SAFE Act

Publication Date: 
August 1, 2013

On June 6, 2013, the House Judiciary Committee considered H.R. 2278, the “Strengthen and Fortify Enforcement Act,” commonly known as the SAFE Act. This...

  • Fact Sheet

The Criminal Alien Program (CAP): Immigration Enforcement in Prisons and Jails

Publication Date: 
August 1, 2013
The Criminal Alien Program (CAP) is an expansive immigration enforcement program that leads to the initiation of removal proceedings in many cases. While CAP has existed in one form or another for...
  • 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—...

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