Enforcement

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FACT SHEET
  • 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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A Primer on Expedited Removal
  • Special Report

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

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

All Enforcement Content

  • Special Report

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

Publication Date: 
May 18, 2016
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...
  • Fact Sheet

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

Publication Date: 
May 16, 2016

Over the past few years, thousands of children—many fleeing horrific levels of violence in Central America—have arrived at the U.S. border in need of protection. Most children are placed in...

  • Special Report

Hieleras (Iceboxes) in the Rio Grande Valley Sector

Publication Date: 
December 17, 2015
These accounts reveal the dehumanizing conditions to which these women were subjected while in Border Patrol custody.
  • Special Report

Enforcement Overdrive: A Comprehensive Assessment of ICE’s Criminal Alien Program

Publication Date: 
November 1, 2015
This examination of the Criminal Alien Program's outcomes from fiscal years 2010 to 2013 offers important insights into CAP’s operations over time and its potential impact on communities moving...
  • Fact Sheet

Understanding Trust Acts, Community Policing, and "Sanctuary Cities"

Publication Date: 
October 10, 2015
The term “sanctuary city” is often used incorrectly to describe trust acts or community policing policies that limit entanglement between local police and federal immigration authorities. Here are...
  • Special Report

A Humane Approach Can Work: The Effectiveness of Alternatives to Detention for Asylum Seekers

Publication Date: 
July 22, 2015

For decades, the U.S. refugee protection system has been a symbol of the nation’s generosity and openness to the world’s persecuted. Yet since Congress’ enactment of the Illegal Immigration Reform...

  • Fact Sheet

Way Too Long: Prolonged Detention in Border Patrol Holding Cells, Government Records Show

Publication Date: 
June 10, 2015

Each year, the Border Patrol, a division of U.S. Customs and Border Protection (CBP), holds hundreds of thousands of people in detention facilities near the southern border that are...

  • 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...
  • Fact Sheet

Misplaced Priorities: Most Immigrants Deported by ICE in 2013 Were a Threat to No One

Publication Date: 
March 13, 2014

No one can say with certainty when the Obama administration will reach the grim milestone of having deported two million people since the President took...

  • Declaration

Council Submits Declaration in Deportation Moratorium Case, Explaining the Complex System of Enforcement and Removal

Publication Date: 
February 12, 2021
The Council submitted this declaration in support of the ACLU's defense of the Biden Administration's moratorium on deportations. This declaration explains how the removal and detention system works.
  • Amicus Briefs

Council Submits Amicus Brief on Insufficiency of Notice in Migrant Protection Protocols Proceedings

Publication Date: 
October 22, 2020
The brief argues that DHS’ service practices for MPP tear sheets deny respondents their statutory right to notice of the time and place of their removal proceedings, their statutory right to a full and fair hearing, and, consequently, due process of law.
  • FOIA

Investigating Border Patrol’s Militarized Raids on Humanitarian Aid Station

This Freedom of Information Act request seeks to uncover Customs and Border Protection’s actions and further expose its militarized response to the provision of humanitarian aid.
  • Advocacy

Letter Requesting 60-Day Comment Period on Proposed Rule Expanding Collection of Biometrics

September 15, 2020
This new rule will increase the total number of people who are required to submit biometric data from 3.9 million currently to 6.07 million—an increase of more than 60%.
  • FOIA

Demanding Records on the Unlawful Detention, Expulsion and Deportation of Migrant Youth During the COVID-19 Pandemic

This request would show whether CBP is violating statutory protections intended for these youth.
  • Amicus Briefs

Stopping the Destruction of ICE's Records on Abuse and Mistreatment of People in Detention

Publication Date: 
August 7, 2020
In the amicus brief, the Council and partners documented the reliance on these records by researchers and advocates to monitor and expose troubling practices.
  • FOIA

Demanding Records on CBP’s Deployment to U.S. Cities During Racial Justice Protests

The Freedom of Information Act (FOIA) request demands records regarding all CBP deployments to U.S. cities during the protests of George Floyd's death.
  • FOIA

FOIA Request Seeks Information About CBP’s Response to COVID-19

The information will enhance the public’s understanding of steps U.S. Customs and Border Protection (CBP) has taken to protect detained individuals from an outbreak of COVID-19.
  • Amicus Briefs

Council Files Amicus Brief Supporting the Release of Individuals from Immigration Detention During the COVID-19 Pandemic

Publication Date: 
May 12, 2020
The American Immigration Council filed this amicus curiae brief in support of individuals who sought release from detention due to their significant risk of infection from COVID-19.
  • FOIA Litigation

After Filing Suit, Council Releases Records Describing ICE’s Response to the COVID-19 Pandemic

The American Immigration Council filed a lawsuit after Immigration and Customs Enforcement (ICE) failed to timely respond to the Council’s Freedom of Information Act (FOIA) request.

The...

  • Blog

Three Years of Title 42

March 17, 2023

In March 2020, the world came to an unfamiliar halt. The COVID-19 pandemic was no longer a looming and distant concern. Events rapidly fell off calendars, schools shuttered, and those who could...

  • Blog

States Lead the Way in Banning Immigration Detention Centers

March 10, 2023

State governments are leading the way on eliminating a blemish from their communities—immigration detention centers. As some state governments begin their legislative sessions, bills attempting to...

  • Blog

6 Firsthand Stories That Reveal the Problem with Family Detention

March 8, 2023

Written by Atenas Burrola, Pro Bono Manager and Crystal Massey, National Pro Bono Coordinator for the Afghan Project at the American Immigration Council The Biden administration is reportedly...

  • Blog

This Is Pretty Simple, Mr. President: Don’t Restart Family Detention

March 7, 2023

The Biden administration is reportedly planning to detain large numbers of immigrant families again this spring. This is part of the administration’s plan to replace Title 42 with a new policy...

  • Blog

Florida Doubles Down with New Law Designed to Spend Millions to Relocate Migrants

March 3, 2023

Florida made headlines last year as it passed a law allowing Governor Ron DeSantis to spend up to 12 million dollars to transport migrants out of Florida. DeSantis used over $1 million of that...

  • Blog

CBP One Is Riddled With Flaws That Make the App Inaccessible to Many Asylum Seekers  

February 28, 2023

In January and February of this year, the Biden administration announced new policies to process individuals seeking asylum at ports of entry at the U.S.-Mexico border. A key component of these...

  • Blog

Biden Wants to End Exploitation of Migrant Children, But His New Asylum Policy Could Make It Worse

February 27, 2023

The New York Times has published a horrifying investigation into the exploitation of children who migrated to the United States as unaccompanied minors. The investigation by Hannah Dreier finds...

  • Blog

Supreme Court Pauses Oral Arguments in Title 42 Case – What’s next?

February 17, 2023

In December 2022, the Supreme Court stepped in to keep Title 42 (the pandemic health policy that has allowed the United States to carry out over 2.5 million expulsions since March 2020) in effect...

  • Blog

At Dueling Border Hearings, New House Majority Pushes Partisan Narrative Over Facts

February 10, 2023

In January, Republicans took control of the House of Representatives. After a lengthy fight over the Speaker of the House resolved, the new majority wasted no time in holding multiple hearings on...

  • Blog

Family Reunification Task Force Reports Nearly 1,000 Children Remain Separated

February 10, 2023

Nearly 1,000 children separated from their families at the southern border by the Trump administration remain separated to this day, according to a Biden administration fact sheet released on...

  • 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

Increase in Border Prosecutions Will Separate More Families

May 7, 2018
Attorney General Jeff Sessions and Immigration and Customs Enforcement acting Director Thomas Homan announced today that the Department of Justice and Department of Homeland Security will be stepping up prosecutions of individuals along the southern border—likely resulting in the criminalization of asylum seekers and more family separation.
  • Press Release

AILA and the American Immigration Council Respond to Supreme Court Oral Arguments in U.S. v. Texas

November 29, 2022
In response to the Supreme Court of the United States hearing oral arguments in the case, U.S. v. Texas -- a dispute over the Biden Administration’s authority to set immigration policy, the American Immigration Lawyers Association (AILA) and the American Immigration Council (AIC) have issued the following statement.
  • Press Release

Judge Strikes Down Title 42 Policy: A Long Overdue Step Toward Rebuilding the US Asylum System

November 15, 2022
Judge Emmet G. Sullivan issued a decision vacating and ending Title 42, more than two and a half years after the purported public health policy went into effect.
  • FOIA

FOIA Request Seeks Records Regarding Parole Guidance and Incorrect Addresses on CBP Documents After Migrants Flown to Martha's Vineyard

The requested records will shed light on CBP's practices with respect to granting and extending humanitarian parole and the agency's determinations regarding which addresses to include on immigration paperwork.
  • Press Release

Biden Administration Pairs Humanitarian Aid and H-2B Visa Expansion with Trump-Style Border Enforcement in Venezuelan Response Plan

October 13, 2022
The American Immigration Council alongside responded to the Biden Administration’s announcement of a parole program to protect some Venezuelan nationals with ties to the U.S., expansion of Title 42 to expel Venezuelans who cross the border without prior authorization, and nearly 65,000 added visas under the H-2B program.
  • Press Release

Legal Organizations Sue ICE for Illegally Preventing Attorneys from Communicating with Detained Immigrants in Four States

October 13, 2022
Several legal services organizations filed a lawsuit today against Immigration and Customs Enforcement (ICE) for unlawfully preventing attorneys from communicating with immigrants detained in four detention facilities in Florida, Louisiana, Texas, and Arizona.
  • Litigation

Challenging the Government’s Barriers to Access to Counsel in Immigration Detention Centers

This lawsuit challenges ICE's policies that have made it extremely difficult—and in many cases impossible—for people in immigration detention to access their attorneys.
  • Press Release

New Research Reveals Changing Demographics in Foreign-Born Voters and Younger Voters in Swing States

October 4, 2022
The data interactive, “The Changing Demographics of the Electorate at a State Level,” highlights the changes in the demographics of eligible voters in every state now compared to 2016, broken down by gender, age, and ethnicity.
  • Press Release

Violence and Racism at the Core of Migrant Deaths in West Texas

September 30, 2022
The warden of a privately run detention facility in West Texas Center—which very recently held detained individuals for U.S. Immigration Customs and Enforcement—was arrested and charged with manslaughter for shooting two migrants, killing one, in Sierra Blanca, Texas
  • FOIA

Seeking Records About Possible Due Process Violations of Detainees at the Torrance Detention Facility

These Freedom of Information Act (FOIA) requests seek records from U.S. Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) about treatment of Haitian immigrants.
  • Fact Sheet

The Removal System of the United States: An Overview

Last modified: 
August 9, 2022
Publication Date: 
August 9, 2022
This fact sheet provides an explanation on how noncitizens may find themselves facing deportation from the country, how the removal proceeding may look, what types of relief can be sought after a...

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