Border Enforcement

Recent Features

TESTIMONY
Providing Perspective on the Application of Immigration Law at the US Southwest Border

The reality at the U.S. southern border is complicated. Dive into the role and authority of the executive branch and immigration enforcement agencies. 

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FACT SHEET
Rising Border Encounters in 2021: An Overview and Analysis

For generations, the United States has seen periodic cycles of migration. The arrival of high numbers of asylum seekers is a humanitarian protection management challenge, not a security challenge.

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All Border Enforcement Content

  • Fact Sheet

Fiscally Irresponsible: Immigration Enforcement without Reform Wastes Taxpayer Dollars

Publication Date: 
October 19, 2011
Many political pundits, GOP presidential aspirants, and Members of Congress want to have it both ways when it comes to federal spending on immigration. On the one hand, there is much talk about the...
  • Research and Analysis

Guns, Drugs, and Money: Tackling the Real Threats to Border Security

Publication Date: 
September 12, 2011
The external borders of the United States matter to security, but how and in what ways is neither automatic nor obvious. The current assumption is that borders defend the national interior against...
  • Special Report

How to Fix a Broken Border: A Three Part Series

Publication Date: 
September 1, 2011
If the United States wants effective border security, then more effective law‐enforcement measures must be taken.
  • Special Report

Back to the Border: A Historical Comparison of U.S. Border Politics

Publication Date: 
September 2, 2010
By Katherine Benton-Cohen and...
  • Research and Analysis

Throwing Good Money After Bad: Immigration Enforcement

Publication Date: 
May 26, 2010
Immigration Enforcement without Immigration Reform Doesn’t Work This week, the Senate will consider amendments to the Emergency Supplemental Appropriations Bill that would add thousands of additional...
  • Research and Analysis

The Rise and Fall of the Secure Border Initiative’s High-Tech Solution to Unauthorized Immigration

Publication Date: 
April 15, 2010
The Secure Border Initiative (SBI), launched by the Department of Homeland Security (DHS) in 2005, is a cautionary tale of the dangers inherent in seeking a technological quick fix to the problem of...
  • Special Report

DHS Progress Report: The Challenge of Reform

Publication Date: 
March 2, 2010
The month of March marks the seventh anniversary of the Department of Homeland Security (DHS) and its immigration agencies. It also marks the end of a sweeping internal review ordered by Secretary...
  • Research and Analysis

New Data on Federal Court Prosecutions Reveal Non-Violent Immigration Prosecutions Up

Publication Date: 
February 4, 2010
The Transactional Records Access Clearinghouse (TRAC) reports that federal immigration prosecutions rose to record levels during fiscal year...
  • Research and Analysis

Keeping Migrants Here: Recent Research Shows Unintended Consequences of U.S. Border Enforcement

Publication Date: 
June 17, 2009
The Department of Homeland Security released a report this week showing that apprehensions...
  • Fact Sheet

Money for Nothing: Immigration Enforcement without Immigration Reform Doesn’t Work

Publication Date: 
May 22, 2008
While the U.S. government has poured billions upon billions of dollars into immigration enforcement, the number of undocumented immigrants in the United States has increased dramatically. Rather than...
  • FOIA

"Voluntary" Returns FOIA

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

  • Blog

Texas’ Proposed ‘Border Protection Unit’ Doubles Down on Failed Deterrence Policies

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...

  • Blog

The Border Patrol’s Inhumanity Has Reached New Heights

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...

  • Blog

GOP’s Extreme Border Bill Rejects Solutions and Embraces Ending Asylum

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...

  • Blog

Biden’s Reviving Phone-Booth Asylum. Here’s Why It Was a Disaster

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...

  • Blog

Deadly Detention Center Fire Is a Reminder: Both the US and Mexico Are Failing Migrants

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...

  • Blog

Where the ‘Migrant Protection Protocols’ Stand, Four Years After Going Into Effect

March 24, 2023

Last week, a federal court in California issued a decision allowing asylum seekers and other plaintiffs to continue their legal challenge to the Trump-era “Remain in Mexico” program, officially (...

  • Blog

Three Years of Title 42

March 17, 2023

In March 2020, the world came to an unfamiliar halt. The COVID-19 pandemic was no longer a looming and distant concern. Events rapidly fell off calendars, schools shuttered, and those who could...

  • Blog

This Is Pretty Simple, Mr. President: Don’t Restart Family Detention

March 7, 2023

The Biden administration is reportedly planning to detain large numbers of immigrant families again this spring. This is part of the administration’s plan to replace Title 42 with a new policy...

  • Blog

CBP One Is Riddled With Flaws That Make the App Inaccessible to Many Asylum Seekers  

February 28, 2023

In January and February of this year, the Biden administration announced new policies to process individuals seeking asylum at ports of entry at the U.S.-Mexico border. A key component of these...

  • Blog

Supreme Court Pauses Oral Arguments in Title 42 Case – What’s next?

February 17, 2023

In December 2022, the Supreme Court stepped in to keep Title 42 (the pandemic health policy that has allowed the United States to carry out over 2.5 million expulsions since March 2020) in effect...

  • Press Release

Increase in Border Prosecutions Will Separate More Families

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.
  • Press Release

ICE Settles Case Challenging Interference with Legal Representation at Dilley

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.
  • Press Release

Court Orders Government to Fix Inhumane Conditions in Border Patrol Holding Cells

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.
  • Press Release

Groups Settle Lawsuit Challenging Failure of U.S. Customs and Border Protection to Timely Respond to FOIA Requests

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).
  • Press Release

Court Orders Release of Graphic Photos of Arizona Border Patrol Detention Facilities and Damning Expert Witness Testimony

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.
  • Press Release

Groups File Lawsuit Challenging Failures of CBP to Respond to FOIA Requests

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.
  • Press Release

Court Again Rules Against Federal Government's Efforts to Detain Children

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.
  • Press Release

Lawsuit Seeks to Shed Light on Customs and Border Protection's Complaint Process

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.
  • Press Release

Court Orders Release of Some Evidence of Arizona Border Patrol Detention Facilities

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.
  • Press Release

Lawsuit Seeks to Shed Light on Customs and Border Protection's Complaint Process

June 6, 2016

Washington D.C.

  • Blog

Senate Deal Would Significantly Transform Border Policy

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...

  • Fact Sheet

The “Migrant Protection Protocols”

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...
  • Blog

Biden Administration Can Remove Texas’ Razor Wire Barrier at the Border, Supreme Court Rules

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...

  • Blog

Biden v. Texas – A Legal Showdown on the Southern Border Wages On 

January 18, 2024

Written by Chelsie Kramer, Texas State Organizer and Emma Winger, Deputy Legal Director  Texas is once again making national headlines after a woman and two children drowned in the Rio Grande...

  • Comments

Council and Partners Oppose CBP's Proposal to Dispose of Medical Records of People in CBP Custody

Publication Date: 
January 18, 2024
The Council, along with the ACLU National Prison Project and the Texas Civil Rights Project, led efforts to oppose U.S. Customs and Border Protection’s (CBP) proposal to destroy records of medical...
  • Blog

White House Leans Into Trump-Era Immigration Policy Changes to Get Ukraine Aid

December 13, 2023

The Biden administration signaled on December 12 that it is willing to make disastrous—and permanent—changes to asylum and immigration policy to obtain temporary military aid for Ukraine, Israel,...

  • Fact Sheet

Expedited Removal Explainer

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.
  • Blog

Biden’s Emergency Funding Proposal Seeks $14 Billion for Immigration System From Congress

October 25, 2023

On October 20, the Biden administration renewed its request for emergency supplemental funding for border management from Congress. This new $14 billion request represents more than a $10 billion...

  • Press Release

Immigrant Rights Groups Sue for Information on Asylum Turnbacks

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.
  • Blog

CBP’s Own Website Provides Insight Into Its Agents’ Corruption and Misconduct

October 6, 2023

Corruption within U.S. Custom and Border Protection’s workforce often has been hidden behind bureaucratic red tape. But what was once shrouded in mystery is now plainly available—on CBP’s own...

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