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

All Enforcement Content

Publication Date: 
April 17, 2012
In April, the U.S. Supreme Court will hear arguments in Arizona v. United States, a case addressing the legality of the Arizona immigration law known as SB 1070. According to the statement...
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April 17, 2012
In April 2012, the Department of Homeland Security (DHS) Office of Inspector General (OIG) released two long-awaited reports on the Secure Communities Program: Operations of United States...
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April 11, 2012
Discretion takes many forms throughout the immigration enforcement process. Every removal of a noncitizen from the United States, for example, reflects a series of complex choices which reflect...
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April 1, 2012
Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its operation...
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February 23, 2012
As federal officers, U.S. Customs and Border Patrol agents may only exercise the authority granted under federal statutes and regulations. This fact sheet provides a snapshot of search, interrogation...
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February 16, 2012
What You Need to Know if Your State is Considering Anti-immigrant Legislation...
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February 6, 2012
By Michele Waslin The day that Alabama’s draconian anti-immigrant law...
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November 29, 2011
This paper describes the Secure Communities program, identifies concerns about the program’s design and implementation, and makes recommendations for the future of the program.
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November 9, 2011
Although key provisions of Alabama’s HB 56 are on hold while its constitutionality is being tested in the courts, evidence is mounting of the growing fiscal and economic impact of the new law. State...
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November 8, 2011
(Updated November 2011) - Arizona’s infamous anti-immigrant law, SB 1070, has spawned many imitators. In a growing number of state houses around the country, bills have been passed or...
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.
Publication Date: 
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.
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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.
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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.
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.
May 9, 2023

With the pandemic-related expulsion policy “Title 42” set to expire May 11, the House GOP introduced its first large-scale border and immigration package on Monday. The bill combines three...

May 2, 2023

Title 42 – a policy that has allowed the U.S. government to expel border-crossers without giving them a chance to seek asylum – is expected to officially sunset next week. Federal courts prevented...

April 26, 2023

Last week, U.S. Immigration and Customs Enforcement (ICE) announced the launch of CeBONDS, a new system people can use to pay bonds and secure the release of individuals in immigration detention....

April 21, 2023

With all eyes on the U.S.-Mexico border ahead of the end of Title 42 on May 11, Texas lawmakers are pushing to increase the state’s role in enforcing federal immigration laws—despite Supreme Court...

April 20, 2023

A family with a baby, waiting outside in the cold overnight. A pregnant woman, enduring the elements for multiple days. An Afghan who worked for the U.S. Army as a translator, hoping for food and...

April 19, 2023

On Monday, April 17, the House GOP introduced its first comprehensive border bill of the 118th Congress. The bill comes after months of disagreement within the caucus surrounding legislative...

April 13, 2023

On April 6, Immigration and Customs Enforcement (ICE) announced the death of 61 year-old Salvador Vargas at the Stewart Detention Center in Lumpkin, GA which occurred on April 4. Deaths in ICE...

April 10, 2023

The Biden administration is yet again turning to the Trump playbook as it tries to slap together a border crackdown to succeed the end of the Title 42 “public health” order next month. The latest...

April 6, 2023

Written by Raul Pinto and Rebekah Wolf of the American Immigration Council The U.S. Department of Homeland Security (DHS) published the Privacy Impact Assessment (PIA) for U.S. Immigration and...

March 29, 2023

On Monday night, 39 migrants died, and another 27 were seriously injured, in a fire in a Mexican detention center in Ciudad Juarez. The migrants—most of them from Guatemala, El Salvador, Honduras...

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.
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.
March 8, 2024

By Kate Melloy Goettel and Juan Avilez  A Texas law that allows local law enforcement to arrest migrants, state court judges to issue removal orders, and state officials to remove migrants to...

Publication Date: 
March 7, 2024
The American Immigration Council appeared before Congress to discuss the need for Congress to overhaul the asylum system.
March 1, 2024

For decades, the Catholic nonprofit Annunciation House has worked to support migrants in El Paso, Texas. It’s provided shelter, food and services to countless people who have just arrived in the...

Publication Date: 
February 23, 2024
Immigration policy experts and legal service providers developed the following recommendations with the goal of improving public access to information that Congress has required U.S. Immigration and...
February 13, 2024
On Tuesday, February 13, 2024, the House Republican majority chose to continue efforts to impeach the Secretary of Homeland Security Alejandro Mayorkas, holding another vote which passed, 214 to 213.
February 7, 2024

The “Emergency National Security Supplemental Appropriations Act, 2024” was released on February 4. For months, a bipartisan group of senators negotiated the compromise bill, which proposes...

February 2, 2024

The Office of Inspector General for the U.S. Department of Homeland Security (OIG) published a report last month finding that nearly one-third of medical procedures performed on immigrants in U.S...

Publication Date: 
February 1, 2024
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...
January 23, 2024

Buoy barriers with chainsaw devices in the Rio Grande river. Coils of concertina wire along the riverbank. Armored Humvees blocking access roads. Piles of dirt rendering gates unusable. Governor...

January 19, 2024

U.S. Immigration and Customs Enforcement (ICE) announced a policy on January 12 calling for ICE personnel to wear body cameras in most situations when carrying out enforcement duties. According to...