Border Enforcement

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

Recent Features

All Border Enforcement Content

Publication Date: 
August 14, 2024
Since the creation of the Department of Homeland Security in 2003, the federal government has spent an estimated $324 billion on the agencies that carry out immigration enforcement.
Publication Date: 
June 5, 2024
On June 4, the Biden administration issued a presidential proclamation and an Interim Final Rule restricting access to asylum for people crossing into the United States without legal status. The...
Publication Date: 
May 10, 2024
On May 9, 2024, the Department of Homeland Security announced a Notice of Proposed Rulemaking, published here, that would allow asylum officers to reject a subset of asylum seekers earlier in the...
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...
Publication Date: 
December 12, 2023
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.
Publication Date: 
July 11, 2023
This fact sheet provides an overview of the wide range of programs that provide alternatives to detention (ATDs) and run the gamut from no governmental intervention to extensive surveillance and...
Publication Date: 
June 2, 2023
CBP One is a mobile app developed to streamline interaction between travelers and CBP officers at ports of entry using technology which includes GPS tracking and facial recognition. However, it is...
Publication Date: 
August 9, 2022
This fact sheet provides an explanation on how noncitizens may find themselves facing deportation from the country, how the removal proceeding may look, what types of relief can be sought after a...
Publication Date: 
March 4, 2022
This Council fact sheet provides an overview and analysis of border encounters and border apprehensions in 2021.
Publication Date: 
August 23, 2021
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-...
July 17, 2024
In June of 2024, the American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a joint comment urging the Biden administration to rescind this IFR.
June 30, 2024
The American Immigration Council and the American Immigration Lawyers Association (AILA) submitted comments to a Department of Homeland Security and Department of Justice proposed rule that would apply certain bars to asylum during asylum seekers' credible and reasonable fear screenings.
The American Immigration Council filed requests for records under the Freedom of Information Act (FOIA) with the U.S. Coast Guard (USCG), the U.S. Department of Homeland Security (DHS), and the U.S. Citizenship and Immigration Services (USCIS) to learn about the process migrants go through after they are interdicted by U.S. Coast Guard personnel.
Protestors raise their hands in solidarity outside of the Fifth Police Precinct in Minneapolis in response to the death of George Floyd
Our new, joint report shows that CBP often got involved in policing protests without being asked by city or state officials, and that its actions went beyond its supposed mandate to protect federal property.
September 19, 2023

The American Immigration Council joined 45 other organizations in calling on the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and...

This lawsuit challenges the federal government’s border-wide policy and practice of turning back asylum seekers without a CBP One appointment at ports of entry.
This FOIA request seeks information on CBP’s treatment of asylum seekers and their access to inspection appointments scheduled via CBP One, revealing potential violations of their rights.
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.
Publication Date: 
January 30, 2023
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.
The requested records will shed light on CBP's practices with respect to granting and extending humanitarian parole and the agency's determinations regarding which addresses to include on immigration paperwork.
Publication Date: 
April 25, 2022
This practice advisory identifies who falls under the classification of “arriving noncitizens,” discusses the regulations delineating USCIS vs. EOIR jurisdiction over adjustment applications of arriving noncitizens in removal proceedings and suggests strategies to facilitate the adjustment of status of eligible parolees in removal proceedings before they are removed.
Publication Date: 
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.
Publication Date: 
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 4, 2024

Ports of entry along our borders are supposed to be where people in need of protection can come to seek humanitarian relief. But since 2016, every presidential administration has used different...

November 1, 2024

The “bipartisan border bill” has been front and center in the presidential election, but it is often presented to the public without clarity on what the bill would actually do. In May, U.S....

October 16, 2024

It was only 10 months ago when the U.S. set record highs at the border, with roughly 250,000 migrants taken into Border Patrol custody in December 2023. But today, border apprehensions are running...

July 23, 2024

The American Immigration Council does not endorse or oppose candidates for elected office. We aim to provide analysis regarding the implications of the election on the U.S. immigration system. As...

July 19, 2024

Border crossings are at their lowest in four years. Is the Biden administration’s executive action working as intended—or is there another factor at play? Apprehensions at the U.S.-Mexico border...

June 7, 2024

The U.S. Border Patrol turned 100 years old on May 28. Its troubled origins and history form the backdrop for contemporary concerns about the agency, including impunity for abuses against migrants...

June 5, 2024

On June 4, President Biden issued a sweeping order under section 212(f) of the Immigration and Nationality Act claiming that allows him to “suspend the entry” of most migrants who cross the border...

May 31, 2024

Borderland: The Line Within, a documentary directed by Pamela Yates and produced by Skylight Pictures, made its theatrical debut on May 3. Borderland takes viewers through a gripping narrative of...

May 13, 2024

On May 9, the Biden administration proposed a rule that would allow asylum officers to consider and impose certain restrictions or “bars” to the initial asylum screening process at the border....

March 13, 2024

Six years ago, a man came to the U.S./Mexico border with his five-year-old daughter, looking for safety in the United States.   At home, a rival political faction had been making death threats...

October 24, 2024
In a New Mexico detention center, ICE categorized People with African, Asian, and South American backgrounds as racially ‘white’
October 23, 2024
In a decision issued on Oct. 23, the Ninth Circuit Court of Appeals largely affirmed a lower court decision that found the U.S. government's systemic practice of turning back asylum seekers ("metering") at the U.S.-Mexico border is unlawful.
October 2, 2024
A new report details the catastrophic costs of a potential mass deportation and family separation plan.
October 1, 2024
A case that challenges that U.S. government's policy of turning away asylum seekers who legally approach ports of entry can move forward, a judge ruled.
October 1, 2024
We need a balanced approach to addressing challenges at our southern border and our overwhelmed, broken asylum system.
June 5, 2024
The U.S. government needs to be able to quickly and fairly sort out migrants who have a valid asylum claim, but instead of investing in U.S. ports of entry, immigration courts, or more options for legal migration, the order focuses on harsh and arbitrary turnbacks.
March 19, 2024
SB4 is cruel, inhumane, and clearly unconstitutional.
March 19, 2024
A new report sheds light on Border Patrol's use of racial profiling when targeting Latinos in northern Ohio.
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.
October 18, 2023
The American Immigration Council and the Center for Gender & Refugee Studies (CGRS) have filed a Freedom of Information Act (FOIA) lawsuit to compel the Biden administration to release information on its new policy of turning back people who request asylum without first obtaining an appointment via the government’s CBP One smartphone app.
November 4, 2024

Ports of entry along our borders are supposed to be where people in need of protection can come to seek humanitarian relief. But since 2016, every presidential administration has used different...

November 1, 2024

The “bipartisan border bill” has been front and center in the presidential election, but it is often presented to the public without clarity on what the bill would actually do. In May, U.S....

October 24, 2024
In a New Mexico detention center, ICE categorized People with African, Asian, and South American backgrounds as racially ‘white’
October 23, 2024
In a decision issued on Oct. 23, the Ninth Circuit Court of Appeals largely affirmed a lower court decision that found the U.S. government's systemic practice of turning back asylum seekers ("metering") at the U.S.-Mexico border is unlawful.
October 16, 2024

It was only 10 months ago when the U.S. set record highs at the border, with roughly 250,000 migrants taken into Border Patrol custody in December 2023. But today, border apprehensions are running...

October 2, 2024
A new report details the catastrophic costs of a potential mass deportation and family separation plan.
October 1, 2024
A case that challenges that U.S. government's policy of turning away asylum seekers who legally approach ports of entry can move forward, a judge ruled.
October 1, 2024
We need a balanced approach to addressing challenges at our southern border and our overwhelmed, broken asylum system.
Publication Date: 
August 14, 2024
Since the creation of the Department of Homeland Security in 2003, the federal government has spent an estimated $324 billion on the agencies that carry out immigration enforcement.
July 23, 2024

The American Immigration Council does not endorse or oppose candidates for elected office. We aim to provide analysis regarding the implications of the election on the U.S. immigration system. As...

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