Enforcement

The U.S. immigration system is complex and can be difficult to understand. These resources provide key data points, historical information, and background on hot topics in immigration. Learn the basics about immigration.

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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...
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...
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...

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...

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...
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...
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...

March 1, 2014
Despite some highly public claims to the contrary, there has been no waning of immigration enforcement in the United States.
December 18, 2013
In late June 2012, the Supreme Court struck down three provisions of Arizona’s SB 1070 and left a fourth vulnerable to future legal challenge. As has been well documented, the Court’s rejection of SB...
December 10, 2013
This two-part series highlights the findings of the Migrant Border Crossing Study—a binational, multi-institution study of 1,110 randomly selected, recently repatriated migrants surveyed in six...
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.
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.
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.

Recommendations that DHS promulgate new regulations that ensure more effective oversight over the issuance of detainers and better protection for those subject to detainers.

Reducing Regulatory Burden; Retrospective Review Under Executive Order 13563, 76 Fed. Reg. 13526 (Mar. 14, 2011)
July 29, 2020

The Trump administration has been detaining immigrant children in hotels along the Texas-Mexico border and in Arizona. Some of the children are just a year old and are held in the hotels for weeks...

July 27, 2020

The May 25 killing of George Floyd by Minnesota police officers rightly sparked public outrage and protests throughout the United States. In response, the Trump administration deployed federal...

July 20, 2020

U.S. Immigration and Customs Enforcement (ICE) announced last week that it was launching a “Citizens Academy” in Chicago. The move justifiably generated everything from confusion to anger and fear...

July 16, 2020

Another man has died in immigration detention from COVID-19. His tragic and avoidable death marks the deadly end to a jail-to-deportation pipeline that disproportionately targets Black and Brown...

July 14, 2020

In a blow to government transparency, the Trump administration has decided to designate Immigration and Customs Enforcement (ICE) a “security/sensitive agency.” The move further shields ICE from...

July 9, 2020

Even as President Trump downplays the threat of COVID-19, the Trump administration is using the pandemic as a pretext to bar more people from asylum in the United States. While the proposal is...

July 8, 2020

The House Appropriations Subcommittee on Homeland Security introduced their proposed budget for Fiscal Year 2021 (beginning October 1, 2020) this week. The budget would have significant...

July 6, 2020

Immigrant children who arrive in the United States without a parent are placed in shelters or foster care while their guardianship and immigration process play out. But all too often, U.S....

June 30, 2020

The Department of Homeland Security Office of Inspector General (OIG) recently published a report analyzing U.S. Customs and Border Protection’s (CBP) treatment of noncitizens at the border in...

June 29, 2020

Federal Judge Dolly Gee has ordered that children held for more than 20 days at U.S. Immigration and Custom Enforcement (ICE) family detention centers must be released. The order was the latest...

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.
June 4, 2016
Last week an alliance of immigration advocacy groups represented by the Legal Action Center filed Freedom of Information Act (FOIA) requests with U.S. Customs and Border Protection (CBP).
May 25, 2016

Washington, D.C. - Following a meeting to discuss comprehensive immigration reform with Senate Republicans, President Obama announced that he would send 1,200 Nati

May 14, 2016

Washington D.C. - Yesterday, Immigration and Customs Enforcement (ICE) announced efforts to “enhance oversight” to help ensure that families are detained in “safe and humane facilities” and

March 13, 2016

Washington, D.C. – Over the past week, an alliance of immigration groups, private attorneys and a law school clinic joined forces in filing complaints targeting abuses by U.S.

February 8, 2016

Washington D.C. – After being held in detention for more than a month by Immigration and Customs Enforcement (ICE), eight of the families

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

August 12, 2020

Asylum seekers got a major win in a lawsuit challenging the Department of Homeland Security’s (DHS) illegal policy of turning back asylum seekers at ports of entry. In Al Otro Lado v. Wolf, a...

August 10, 2020

Three men died in U.S. Immigration and Customs Enforcement (ICE) custody on within a week of each other. Two of the men died in hospitals after being diagnosed with COVID-19, while the other died...

August 3, 2020

The United States Border Patrol raided a humanitarian aid camp in Arizona on July 31, detaining volunteers and over 30 people receiving care. The camp—known as Byrd Camp—is run by No More Deaths (...

July 29, 2020

The Trump administration has been detaining immigrant children in hotels along the Texas-Mexico border and in Arizona. Some of the children are just a year old and are held in the hotels for weeks...

July 27, 2020

The May 25 killing of George Floyd by Minnesota police officers rightly sparked public outrage and protests throughout the United States. In response, the Trump administration deployed federal...

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.
July 20, 2020

U.S. Immigration and Customs Enforcement (ICE) announced last week that it was launching a “Citizens Academy” in Chicago. The move justifiably generated everything from confusion to anger and fear...

July 16, 2020

Another man has died in immigration detention from COVID-19. His tragic and avoidable death marks the deadly end to a jail-to-deportation pipeline that disproportionately targets Black and Brown...

July 14, 2020

In a blow to government transparency, the Trump administration has decided to designate Immigration and Customs Enforcement (ICE) a “security/sensitive agency.” The move further shields ICE from...

July 9, 2020

Even as President Trump downplays the threat of COVID-19, the Trump administration is using the pandemic as a pretext to bar more people from asylum in the United States. While the proposal is...

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