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...
January 24, 2018
Parole under immigration law is very different than in the criminal justice context. In the immigration context, parole facilitates certain individuals’ entry into and permission to temporarily...
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...

March 21, 2017
This fact sheet explains detainers, how they are used by federal and local enforcement, and the impact they have on immigrants.
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 23, 2017
Contrary to what many believe, so-called “sanctuary” policies do not conceal or shelter unauthorized immigrants from detection. Here's what you need to know about these policies.
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.
September 18, 2018

The American Immigration Council and American Immigration Lawyers Association submitted a written statement to the Senate Committee on Homeland Security and...

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.
This lawsuit challenges the actions of immigration judges in Charlotte, North Carolina who have refused to conduct bond hearings for people who properly file bond motions with the Charlotte Immigration Court.
October 25, 2016
The American Immigration Council, in collaboration with the American Immigration Law Association, filed an amicus brief in the case Jennings v. Rodriguez, calling for the Court to overturn Demore v. Kim and end mandatory detention.
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.
On October 21, 2014, the American Immigration Council, the American Civil Liberties Union, and the National Immigration Project of the National Lawyers Guild, with co-counsel, the National Immigration Law Center and Jenner & Block LLP, filed a lawsuit under the Freedom of Information Act to compel the release of government documents regarding the use of the expedited removal process against families with children, including those detained by the Department of Homeland Security (DHS) in Artesia, New Mexico. The suit was filed in the federal district court for the Southern District of New York.
On August 22, 2014, the American Immigration Council, in collaboration with the American Civil Liberties Union, the National Immigration Project of the National Lawyers Guild, the National Immigration Law Center, Van Der Hout Brigagliano & Nightingale LLP, and Jenner & Block, filed this lawsuit in the federal district court for the District of Columbia. The case was a systemic challenge to the policies denying a fair deportation process to mothers and children detained in the Artesia Family Residential Center who had fled extreme violence, death threats, rape, and persecution in Central America and come to the United States seeking safety.
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.
August 1, 2017
This Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law.
August 1, 2017
This Practice Advisory discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained through constitutional violations by state and local officers seeking to enforce immigration law.
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.
March 18, 2015
This Practice Advisory, updated following the issuance of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can influence the favorable exercise of prosecutorial discretion by ICE, CBP and USCIS officers.
June 1, 2014
This Practice Advisory, written in collaboration with the ABA Commission on Immigration and Penn State Law’s Center for Immigrants’ Rights, provides innovative legal and procedural arguments and strategies for attorneys representing noncitizens 1) who are likely to be issued NTAs, 2) who have been issued NTAs that have not been filed with the immigration court, or 3) who have been issued NTAs that have been filed. It provides an overview of the legal requirements for an NTA and strategies available to attorneys to cancel, mitigate, or challenge the contents of an NTA. In addition to presenting legal and procedural arguments, the Advisory provides strategies to attorneys wishing to seek prosecutorial discretion in connection with the NTA.
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 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.

June 1, 2008

This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

January 18, 2019

Earlier this month, the Trump administration officially closed the doors of a “tent city” holding over 2,800 immigrant children in Tornillo, Texas. The closure comes after months of public...

January 17, 2019

As the partial government shutdown stretches on, many individuals, families, and businesses around the country are struggling. At the heart of the shutdown and budget standoff is President Trump’s...

January 10, 2019

Lack of transparency has long dogged the enforcement branches of the U.S. Department of Homeland Security (DHS). U.S. Customs and Border Protection (CBP), in particular, has been the subject of...

January 8, 2019

There is no doubt that a thoughtful conversation needs to be had around border security. However, it must be grounded in the realities of who is actually arriving at the U.S. border with Mexico,...

January 4, 2019

Roughly 25 percent of the federal government closed on December 22 after President Trump declared his intent to veto any funding bill that didn’t contain five billion dollars for building a wall...

January 2, 2019

In early December, seven-year-old Guatemalan Jakelin Caal died within hours after coming into the custody of Customs and Border Protection (CBP). Her tragic death brought renewed attention to the...

December 21, 2018

2018 proved that the only thing you can predict about the Trump administration’s immigration policy is it’s unpredictable. On Wednesday, two separate court decisions dealt blows to the Trump...

December 20, 2018

Data shows what many communities have been feeling the past couple of years: immigration enforcement in the interior of the United States has remained a priority for the Trump administration,...

December 18, 2018

In 2018 alone, the Center for Disease Control has been called to investigate 24 instances of foodborne disease outbreaks, marking the highest number of investigations since 2006. These recent...

December 17, 2018

In a year marked by the Trump administration’s cruel attempts to deter asylum-seeking families from coming to the United States, the news that a child had died in immigration custody appears to be...

December 20, 2018
The new policy would require many individuals seeking protection in the United States, including children and other vulnerable individuals, to remain in Mexico until their asylum claim is decided by an overwhelmingly backlogged U.S. immigration court system, potentially spending months or even years in life-threatening conditions.
December 13, 2018
A federal district court in Seattle, Washington issued an order rejecting the government’s arguments that recent asylum seekers who enter the United States without immigration status are not entitled to constitutional protections.
November 8, 2018
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.
March 29, 2018
The practice of detaining pregnant women is inhumane and unsafe.
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.
June 28, 2017
A U.S. District Court condemned the federal government for continuing to disregard critical protections for children in detention.
March 10, 2017
Immigrant rights groups asked the Washington District Court to again enjoin the Trump Administration’s “Muslim Ban” executive order.
January 25, 2017
President Trump announced executive orders that are intended to follow through on campaign promises to build a wall and deport millions. Here's our response.
December 22, 2016
This registry, known as the National Security Entry-Exit Registration System (NSEERS), was shown to be ineffective and had not been used for years.
January 18, 2019

Earlier this month, the Trump administration officially closed the doors of a “tent city” holding over 2,800 immigrant children in Tornillo, Texas. The closure comes after months of public...

January 17, 2019

As the partial government shutdown stretches on, many individuals, families, and businesses around the country are struggling. At the heart of the shutdown and budget standoff is President Trump’s...

January 10, 2019

Lack of transparency has long dogged the enforcement branches of the U.S. Department of Homeland Security (DHS). U.S. Customs and Border Protection (CBP), in particular, has been the subject of...

January 8, 2019

There is no doubt that a thoughtful conversation needs to be had around border security. However, it must be grounded in the realities of who is actually arriving at the U.S. border with Mexico,...

January 4, 2019

Roughly 25 percent of the federal government closed on December 22 after President Trump declared his intent to veto any funding bill that didn’t contain five billion dollars for building a wall...

January 2, 2019

In early December, seven-year-old Guatemalan Jakelin Caal died within hours after coming into the custody of Customs and Border Protection (CBP). Her tragic death brought renewed attention to the...

December 21, 2018

2018 proved that the only thing you can predict about the Trump administration’s immigration policy is it’s unpredictable. On Wednesday, two separate court decisions dealt blows to the Trump...

December 20, 2018

Data shows what many communities have been feeling the past couple of years: immigration enforcement in the interior of the United States has remained a priority for the Trump administration,...

December 20, 2018
The new policy would require many individuals seeking protection in the United States, including children and other vulnerable individuals, to remain in Mexico until their asylum claim is decided by an overwhelmingly backlogged U.S. immigration court system, potentially spending months or even years in life-threatening conditions.
December 18, 2018

In 2018 alone, the Center for Disease Control has been called to investigate 24 instances of foodborne disease outbreaks, marking the highest number of investigations since 2006. These recent...

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