Border Enforcement

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August 16, 2018
This report presents findings from the first empirical analysis of asylum adjudication in family detention. Drawing on government data from over 18,000 immigration court proceedings initiated between...
May 1, 2018
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-...
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...
August 2, 2017
This report raises more concerns about misconduct throughout Border Patrol sectors and shows Customs and Border Patrol has made little progress in its efforts to improve accountability.
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...

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...
February 3, 2017
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.
January 25, 2017
Since the last major overhaul of the U.S. immigration system in 1986, the federal government has spent an estimated $263 billion on immigration enforcement.
December 21, 2016
Too often, some or all of a detainee’s belongings are lost, destroyed, or stolen by the immigration-enforcement agents entrusted with their care.
August 31, 2016
This report examines what happens when “family detention” does not actually keep loved ones together and profiles the experiences of five asylum-seeking families who are divided by detention.
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.
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.
The class-action lawsuit complaint alleges that Tucson Sector Border Patrol holds men, women, and children in freezing, overcrowded, and filthy cells for days at a time in violation of the U.S. Constitution and CBP’s own policies.
In March 2015, the American Immigration Council, in collaboration with the Law Office of Stacy Tolchin, the Northwest Immigrant Rights Project, and the National Immigration Project of the National Lawyers Guild, filed a class action lawsuit against CBP over its nationwide pattern and practice of failing to timely respond to requests under the Freedom of Information Act (FOIA). The plaintiffs included both immigration attorneys and individuals, all of whom had FOIA requests pending for over 20 business days.
In March 2013, the American Immigration Council and Cleary, Gottlieb, Steen & Hamilton, later joined by the Legal Aid Justice Center, filed a lawsuit alleging that CBP officers at Dulles Airport in Virginia unlawfully detained a U.S. citizen child for more than twenty hours, deprived her of contact with her parents, and then effectively deported her to Guatemala. The case was one of ten complaints filed the same week to highlight CBP abuses along the northern and southern borders.
In June 2012, the American Immigration Council, in collaboration with Hughes Socol Piers Resnick & Dym, filed suit against DHS and CBP for unlawfully withholding records concerning voluntary returns of noncitizens from the United States to their countries of origin. Voluntary return, also known as “administrative voluntary departure,” is a procedure whereby CBP officers permit noncitizens to voluntarily depart the United States at their own expense rather than undergoing formal removal proceedings. Noncitizens may be granted voluntary return to their countries of origin after conceding unlawful presence in the United States and knowingly and voluntarily waiving the right to contest removal.

Based on reports from immigration advocates, CBP officers do not always provide noncitizens with information regarding the consequences of accepting voluntary return...

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.
November 1, 2015
This Practice Advisory discusses the impact of an interim rule repealing two former regulations which barred all “arriving aliens” from adjusting status if they are in removal proceedings. This Advisory provides a brief history leading to the rule, defines key terms, discusses the impact of the rule, and suggests steps that a parolee can take to benefit from the rule.
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.
November 2, 2018

On Thursday, President Donald Trump declared his administration would be taking drastic steps to prevent asylum seekers from coming to the United States. In a rambling speech filled with false and...

October 23, 2018

Just two weeks ahead of the midterm elections, much attention is being placed on a migrant caravan of Central Americans making their way north through Mexico. Now reported to include more than 7,...

October 22, 2018

The horrifying and tragic legacy of the Trump administration’s family separation policy—which allegedly ended by executive order in June this summer—is far from over. Even with many children still...

October 19, 2018

  When you think of a national border, you probably think of a defined edge—a place where one country ends and another begins. However, when it comes to federal immigration operations, the border...

October 18, 2018

Thousands of migrants—many of whom are mothers, fathers, and children fleeing their homes in violence-stricken areas of Central America—are traveling to the U.S.-Mexico border as part of an...

October 16, 2018

Eight new asylum seekers joined a lawsuit last week that challenges U.S. Customs and Border Protection (CBP) officials’ widespread and well-documented practice of turning back asylum seekers at U....

October 11, 2018

Senators grilled Department of Homeland Security (DHS) Secretary Kirstjen Nielsen about the Trump administration’s harsh immigration policies, including its practice of detaining migrant children...

September 25, 2018

The Trump administration is holding a record level of 13,300 migrant children in its custody, forcing the government to shift hundreds of millions of dollars to ensure there is enough money and...

September 19, 2018

For the second time this year, a Border Patrol agent has been charged with murdering multiple people in Texas. Both agents were hired nearly a decade ago amidst a surge in staffing that backfired...

September 13, 2018

In a tentative partial settlement agreement reached with lawyers representing parents and children who were separated as a result of the Trump administration’s “zero tolerance” policy, the...

November 8, 2018
WASHINGTON — The Trump administration revealed today a new interim final regulation that restricts access to asylum at the border, causing chaos and uncertainty for many seeking protection.
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.
August 16, 2017
The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum.
November 18, 2016
A federal district court found that U.S. Customs and Border Protection is violating the constitutional rights of people detained in holding facilities in Arizona and ordered the government to take steps to improve conditions in these facilities, known as hieleras.
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).
August 18, 2016
Today, groups made public damning evidence, including expert testimony and video stills illustrating the deplorable and unconstitutional conditions detained individuals are subjected to in Border Patrol custody in the agency’s Tucson Sector.
July 19, 2016
A class action lawsuit was filed by three immigration attorneys and eleven noncitizens challenging U.S. Customs and Border Protection’s nationwide practice of failing to timely respond to requests for case information under the Freedom of Information Act.
July 7, 2016
The American Immigration Council and the American Immigration Lawyers Association commented on the decision from the Ninth Circuit Court of Appeals affirming that the nearly 20-year-old Flores Settlement Agreement governs the custody and release of all immigrant children, and that the Obama Administration’s family detention practices violate that agreement.
July 6, 2016
he American Immigration Council (Immigration Council), represented by Drinker Biddle & Reath LLP, today filed a lawsuit under the Freedom of Information Act to compel the release of additional documents related to the complaints process at United States Customs and Border Protection.
June 27, 2016
A federal district court unsealed some of the photographs central to ongoing litigation challenging deplorable and unconstitutional conditions in Border Patrol detention facilities in the agency’s Tucson Sector. The court also allowed the Arizona Republic newspaper to intervene in the case to argue for the release of the documents.
November 8, 2018
WASHINGTON — The Trump administration revealed today a new interim final regulation that restricts access to asylum at the border, causing chaos and uncertainty for many seeking protection.
November 2, 2018

On Thursday, President Donald Trump declared his administration would be taking drastic steps to prevent asylum seekers from coming to the United States. In a rambling speech filled with false and...

October 23, 2018

Just two weeks ahead of the midterm elections, much attention is being placed on a migrant caravan of Central Americans making their way north through Mexico. Now reported to include more than 7,...

October 22, 2018

The horrifying and tragic legacy of the Trump administration’s family separation policy—which allegedly ended by executive order in June this summer—is far from over. Even with many children still...

October 19, 2018

  When you think of a national border, you probably think of a defined edge—a place where one country ends and another begins. However, when it comes to federal immigration operations, the border...

October 18, 2018

Thousands of migrants—many of whom are mothers, fathers, and children fleeing their homes in violence-stricken areas of Central America—are traveling to the U.S.-Mexico border as part of an...

October 16, 2018

Eight new asylum seekers joined a lawsuit last week that challenges U.S. Customs and Border Protection (CBP) officials’ widespread and well-documented practice of turning back asylum seekers at U....

October 11, 2018

Senators grilled Department of Homeland Security (DHS) Secretary Kirstjen Nielsen about the Trump administration’s harsh immigration policies, including its practice of detaining migrant children...

September 25, 2018

The Trump administration is holding a record level of 13,300 migrant children in its custody, forcing the government to shift hundreds of millions of dollars to ensure there is enough money and...

September 19, 2018

For the second time this year, a Border Patrol agent has been charged with murdering multiple people in Texas. Both agents were hired nearly a decade ago amidst a surge in staffing that backfired...

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