Border 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

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.

  • Special Report

Hieleras (Iceboxes) in the Rio Grande Valley Sector

This report sheds light on the dehumanizing conditions of immigration detention facilities.

All Border Enforcement Content

  • Research and Analysis

Alternatives to Immigration Detention: An Overview

March 17, 2022
This new 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

Rising Border Encounters in 2021: An Overview and Analysis

March 4, 2022
This Council fact sheet provides an overview and analysis of border encounters and border apprehensions in 2021.
  • Fact Sheet

The “Migrant Protection Protocols”

January 7, 2022
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

CBP One: An Overview

December 9, 2021
This fact sheet provides an overview on CBP One, a mobile app developed to streamline interaction between travelers and CBP officers at ports of entry using technology which includes GPS tracking and...
  • Fact Sheet

Prosecuting People for Coming to the United States

August 23, 2021
Over the last two decades, the federal government increasingly has utilized the criminal courts to punish people for immigration violations. This overview provides basic information about entry-...
  • Special Report

Measuring In Absentia Removal in Immigration Court

January 28, 2021
This analysis of data provided by the federal government reveals that 83% of all nondetained immigrants with completed or pending removal cases attended all their hearings from 2008 to 2018.
  • Fact Sheet

The Electronic Nationality Verification Program: An Overview

January 26, 2021
U.S. immigration agencies use a range of programs to deport—or remove—certain noncitizens from the United States. Under the Trump administration, the Department of Homeland Security (DHS) and two of...
  • Fact Sheet

The Cost of Immigration Enforcement and Border Security

January 20, 2021
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

A Primer on Expedited Removal

July 22, 2019
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.
  • Fact Sheet

The End of Immigration Enforcement Priorities Under the Trump Administration

March 7, 2018
Enforcement of U.S. immigration laws has historically been guided by policies that emphasize prioritization. However, this practice has largely been abandoned since the inauguration of President...
  • FOIA Litigation

CBP Faces FOIA Lawsuit for Failing to Disclose Information About Border Patrol Practices in Ohio

This FOIA lawsuit seeks records about Border Patrol activities at the Sandusky Bay Station located in northern Ohio to improve the public’s understanding of CBP’s enforcement practices at northern U.S. borders, including cooperation with local law enforcement.
  • FOIA Litigation

Council Sues CBP To Obtain Records About CBP One

This FOIA Lawsuit seeks to compel CBP to release information about its implementation of CBP One, an app designed to streamline interactions between CBP officers and travelers, including asylum seekers, that has raised concerns amongst advocates.
  • Amicus Briefs

Demanding ICE Provide Essential Data

August 27, 2021
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.
  • Amicus Briefs

Council and Partners Urge Supreme Court to Stop Texas Court from Reinstatement of the Migrant Protection Protocols

August 23, 2021
This amicus brief urges the Supreme Court to stop the reinstatement of the Migrant Protection Protocols (MPP), and halt the lower court's poorly reasoned and factually flawed decision.
  • Amicus Briefs

Council and Partners Submit Amicus Brief to Stop the Reinstatement of the Migrant Protection Protocols

August 18, 2021
This brief highlights the court's many factual errors about MPP in its decision to reinstate the program.
  • FOIA

Investigating CBP’s Use of Mobile Application CBP One

What is CBP One and why is it concerning?

Customs and Border Protection (CBP) launched a new app that can be downloaded on mobile devices called CBP One. According to the agency, CBP One...

  • FOIA Litigation

Council Sues Immigration Agencies for Records of Enforcement Databases

This Freedom of Information Act lawsuit seeks to uncover information about the databases and systems that Department of Homeland Security (DHS) agencies use in immigration enforcement.
  • FOIA

Uncovering Immigration Enforcement Agency Databases

The Council filed multiple Freedom of Information Act requests to unearth the systems that the government uses in immigration enforcement and the data it collects.
  • FOIA

Seeking Information About Border Patrol Practices in Ohio

The Council and Advocates for Basic Legal Equality have launched an investigation into the abusive practices of CBP officers and cooperation with local law enforcement in Ohio.
  • FOIA Litigation

Council Sues Customs and Border Protection to Release Records of Militarized Raids on Humanitarian Aid Station

This Freedom of Information Act lawsuit calls on CBP to release records documenting the agency’s aggressive and militarized response to the provision of humanitarian aid.
  • Practice Advisories

Arriving Noncitizens and Adjustment of Status

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

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

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

Seeking a Judicial Stay of Removal in the Court of Appeals

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

The Border Patrol Is Going to Eliminate Its Secretive Critical Incident Teams

May 10, 2022

U.S. Customs and Border Patrol (CBP) announced in a May 6 memorandum that it would eliminate its Border Patrol Critical Incident Teams (BPCITs). The teams have faced criticism for their secretive...

  • Blog

Federal Court Orders Biden Administration to Temporarily Halt Title 42 Wind Down

April 28, 2022

A federal court in Louisiana issued an order on Wednesday temporarily preventing the Biden administration from winding down Title 42, the controversial public health policy that allows immigration...

  • Blog

Supreme Court Hears Oral Arguments in ‘Remain in Mexico’ Case

April 26, 2022

Over three years after the Migrant Protection Protocols (MPP) went into effect, the Supreme Court finally heard oral arguments in a case about the program, also known as the “Remain in Mexico”...

  • Blog

Abbott’s Anti-Immigrant Blockade Cost the US Billions in Just a Few Days 

April 22, 2022

Less than a week after the Biden Administration announced the impending end to the COVID-era Title 42 border policy, Texas Governor Greg Abbott escalated his ongoing political fight with the Biden...

  • Blog

What is President Biden’s Plan for Ending Title 42?

April 12, 2022

The Centers for Disease Control and Prevention (CDC) announced in early April that it would end Title 42, the pandemic border policy that allowed immigration officials to rapidly “expel” migrants...

  • Blog

Biden Administration Announces End to Horrific Title 42 Border Policy

April 1, 2022

The Centers for Disease Control and Prevention announced on Friday that it will be terminating the Title 42 border policy. The U.S. government has used this policy to turn away asylum seekers and...

  • Blog

Government Must Release Names of Border Patrol Agents Involved in Illegal Pilot Program, Court Orders

March 28, 2022

In a victory for government transparency, earlier this month a federal district court ordered the government to release the names of the Border Patrol agents involved in a program to screen asylum...

  • Blog

Immigration and Customs Enforcement Issues Annual Report—What Does It Really Mean?

March 18, 2022

Last week, Immigration and Customs Enforcement (ICE) released its fiscal year 2021 annual report. In it, the agency reported a significant decrease in both overall deportations and internal...

  • Blog

Dueling Court Orders May Decide Fate of President Biden’s Title 42 Expulsions

March 8, 2022

In just under two years, U.S. Customs and Border Protection (CBP) has carried out over 1.5 million rapid “expulsions” of asylum seekers and migrants at the U.S.-Mexico border under Title 42, a...

  • Blog

New Border Surveillance Technology Raises Privacy Concerns and Could Increase Deaths

March 4, 2022

The Department of Homeland Security (DHS) recently announced that it has been developing and testing robot dogs for use by U.S. Customs and Border Patrol (CBP) at the U.S.-Mexico border. The...

  • Press Release

Lawsuit Seeks Answers to Privacy and Data Risks Associated with the CBP One App

December 21, 2021
The American Immigration Council filed a FOIA lawsuit against CBP requesting information about the agency’s implementation of CBP One— an app designed to help process individuals entering the United States including asylum seekers—that has raised concerns among immigration and privacy advocates.
  • Press Release

The U.S. Supreme Court Decides to Send Asylum Seekers to Danger

August 24, 2021
The U.S. Supreme Court refused to stay a ruling from a lower Texas court that would force the Biden administration to revive the Migrant Protection Protocols.
  • Press Release

Federal Judge Blocks ICE Enforcement Guidelines and Attempts to Upend Prosecutorial Discretion

August 19, 2021
A Texas judge blocked the Biden administration’s immigration enforcement priorities. The decision was issued in a case challenging ICE’s enforcement activities outside the scope laid out in the Feb. 18 enforcement memo.
  • 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

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.
  • Blog

The Border Patrol Is Going to Eliminate Its Secretive Critical Incident Teams

May 10, 2022

U.S. Customs and Border Patrol (CBP) announced in a May 6 memorandum that it would eliminate its Border Patrol Critical Incident Teams (BPCITs). The teams have faced criticism for their secretive...

  • Blog

Federal Court Orders Biden Administration to Temporarily Halt Title 42 Wind Down

April 28, 2022

A federal court in Louisiana issued an order on Wednesday temporarily preventing the Biden administration from winding down Title 42, the controversial public health policy that allows immigration...

  • Blog

Supreme Court Hears Oral Arguments in ‘Remain in Mexico’ Case

April 26, 2022

Over three years after the Migrant Protection Protocols (MPP) went into effect, the Supreme Court finally heard oral arguments in a case about the program, also known as the “Remain in Mexico”...

  • Practice Advisories

Arriving Noncitizens and Adjustment of Status

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.
  • Blog

Abbott’s Anti-Immigrant Blockade Cost the US Billions in Just a Few Days 

April 22, 2022

Less than a week after the Biden Administration announced the impending end to the COVID-era Title 42 border policy, Texas Governor Greg Abbott escalated his ongoing political fight with the Biden...

  • Blog

What is President Biden’s Plan for Ending Title 42?

April 12, 2022

The Centers for Disease Control and Prevention (CDC) announced in early April that it would end Title 42, the pandemic border policy that allowed immigration officials to rapidly “expel” migrants...

  • Policy Briefs

Ending Title 42 and Creating an Orderly Asylum System

April 6, 2022
The American Immigration Council appeared before Congress to address the effect of Title 42 on border operations and management and to provide recommendations on creating an orderly humanitarian...
  • Blog

Biden Administration Announces End to Horrific Title 42 Border Policy

April 1, 2022

The Centers for Disease Control and Prevention announced on Friday that it will be terminating the Title 42 border policy. The U.S. government has used this policy to turn away asylum seekers and...

  • Blog

Government Must Release Names of Border Patrol Agents Involved in Illegal Pilot Program, Court Orders

March 28, 2022

In a victory for government transparency, earlier this month a federal district court ordered the government to release the names of the Border Patrol agents involved in a program to screen asylum...

  • Blog

Immigration and Customs Enforcement Issues Annual Report—What Does It Really Mean?

March 18, 2022

Last week, Immigration and Customs Enforcement (ICE) released its fiscal year 2021 annual report. In it, the agency reported a significant decrease in both overall deportations and internal...

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