Interior Enforcement

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

Recent Features

All Interior Enforcement Content

Publication Date: 
July 1, 2019
To better understand the changing interior enforcement trends under the Trump administration, this report analyzes individual-level data on immigration enforcement outcomes.
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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...
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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...

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March 21, 2017
This fact sheet explains detainers, how they are used by federal and local enforcement, and the impact they have on immigrants.
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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...
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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...
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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...
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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...
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...

Publication Date: 
March 1, 2014
Despite some highly public claims to the contrary, there has been no waning of immigration enforcement in the United States.
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.
The Trump administration wants to increase its power to deport immigrants without a fair day in court through expedited removal. We’re suing.
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.
Co-Plaintiffs American Immigration Council and AILA’s Connecticut chapter initially sought records related to the Criminal Alien Program (CAP) through a FOIA request to ICE in December 2011. When ICE refused to release responsive records, Plaintiffs filed suit under FOIA to compel their disclosure.
American Immigration Council and AILA’s Connecticut chapter initially sought records related to CAP through a FOIA request to ICE in December 2011. When ICE refused to release records responsive to the request, Plaintiffs filed suit under FOIA for declaratory and injunctive relief to compel the disclosure and release of agency records improperly withheld by DHS and its component ICE
February 8, 2023

When asylum seekers arrive in the United States, so long as they are not rapidly deported or expelled, the government is generally supposed to issue them a “Notice to Appear” (NTA). This charging...

February 3, 2023

Recently published data from U.S. Immigration and Customs Enforcement (ICE) provides insight into who ICE is detaining and for how long. The results show that the majority of noncitizens are being...

January 31, 2023

On January 26, the Second Circuit ruled against U.S. Immigration and Customs Enforcement (ICE) in a case that has broad implications for the public’s access to data held in immigration agency...

July 25, 2022

In a blow to the Department of Homeland Security’s attempts to set priorities for immigration enforcement, late last week the Supreme Court of the United States decided 5-4 to deny a request from...

July 20, 2022

U.S. Immigration and Customs Enforcement (ICE) recently announced a new directive aimed at preserving family unity and the parental rights of noncitizens. The directive, “Interests of Noncitizen...

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...

February 25, 2022

A federal court in Illinois recently approved a settlement agreement governing unlawful, warrantless arrests and vehicle stops. The settlement requires U.S. Immigration and Customs Enforcement (...

October 28, 2021

The Department of Homeland Security (DHS) issued “Guidelines for Enforcement Actions in or Near Protected Areas”—a new memo that provides a framework for when and where DHS law enforcement...

October 13, 2021

The Biden administration just took a significant step toward reining in U.S. Immigration and Customs Enforcement (ICE). Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued a...

October 1, 2021

On September 30, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued the long-awaited new set of enforcement priorities, entitled “Guidelines for the Enforcement of Civil...

November 30, 2021
Immigration advocacy groups filed a FOIA lawsuit against U.S. Immigration and Customs Enforcement requesting ICE’s internal reports on enforcement activities and removals under the Biden-Harris administration’s interim enforcement priorities.
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.
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.
March 29, 2018
The practice of detaining pregnant women is inhumane and unsafe.
June 28, 2017
A U.S. District Court condemned the federal government for continuing to disregard critical protections for children in detention.
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).
January 28, 2016

DILLEY, Texas  Seven women picked up and detained by Immigration and Customs Enforcement in early January in widely publicized raids have made a direct and personal plea to Pre

January 13, 2016

Washington D.C. – In the last week, 121 mothers and children were brought to the South Texas Residential Family Center in Dilley, Texas, after being rounded up by Immigration and Customs Enf

January 6, 2016

Washington D.C. – Last night, the CARA Family Detention Pro Bono Project succeeded in halting the deportation of four Central American families apprehen

January 6, 2016

Washington, D.C. - Today, the American Immigration Council and the American Immigration Lawyers Association 

Last modified: 
December 12, 2023
Publication Date: 
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.
Last modified: 
November 28, 2023
Publication Date: 
November 28, 2023
This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds...
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September 7, 2023
Publication Date: 
September 7, 2023
The Council and the American Immigration Lawyers Association comment on DHS's Interim Final Rule on its plan to electronically serve bond-related notifications to obligors to release immigration...
Last modified: 
August 22, 2023
Publication Date: 
August 22, 2023
This practice advisory looks into the decision by the U.S. Supreme Court issued in Pugin v. Garland, 143 S. Ct. 1833 (2023). This immigration decision addressed the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S).
August 8, 2023
Legal organization filed a motion for a preliminary injunction to block Section 10 of Florida’s draconian anti-immigrant law, Senate Bill 1718.
July 17, 2023
Legal organizations filed a federal lawsuit challenging Florida’s new anti-immigrant law, Senate Bill 1718.
In 2021, the Biden administration issued policy guidance on how ICE should carry out immigration enforcement. This report is a breakdown of how ICE carried out these policies.
June 23, 2023
The U.S. Supreme Court held in an 8-1 decision that states do not have the authority to challenge the executive branch’s authority to establish enforcement priorities.
Last modified: 
June 1, 2023
Publication Date: 
June 1, 2023
The American Immigration Council urged ICE to preserve the option of in-person bond payments and raised concerns about the web-based system Cash Electronic Bonds Online (CeBONDS).
Last modified: 
January 30, 2023
Publication Date: 
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.

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