Border 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.

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

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
  • Fact Sheet
Rising Border Encounters in 2021: An Overview and Analysis

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

CBP One: An Overview

Last modified: 
June 2, 2023
Publication Date: 
December 9, 2021
This fact sheet provides an overview on CBP One, a mobile app developed to streamline interaction between travelers and CBP officers at ports of entry using technology which includes GPS tracking and...
  • Fact Sheet

The Removal System of the United States: An Overview

Last modified: 
August 9, 2022
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...
  • Research and Analysis

Alternatives to Immigration Detention: An Overview

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...
  • Fact Sheet

Rising Border Encounters in 2021: An Overview and Analysis

Publication Date: 
March 4, 2022
This Council fact sheet provides an overview and analysis of border encounters and border apprehensions in 2021.
  • Fact Sheet

The “Migrant Protection Protocols”

Publication Date: 
January 7, 2022
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...
  • Fact Sheet

Prosecuting People for Coming to the United States

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-...
  • Special Report

Measuring In Absentia Removal in Immigration Court

Publication Date: 
January 28, 2021
This analysis of data provided by the federal government reveals that 83% of all nondetained immigrants with completed or pending removal cases attended all their hearings from 2008 to 2018.
  • Fact Sheet

The Electronic Nationality Verification Program: An Overview

Publication Date: 
January 26, 2021
U.S. immigration agencies use a range of programs to deport—or remove—certain noncitizens from the United States. Under the Trump administration, the Department of Homeland Security (DHS) and two of...
  • Fact Sheet

The Cost of Immigration Enforcement and Border Security

Publication Date: 
January 20, 2021
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.
  • Fact Sheet

A Primer on Expedited Removal

Publication Date: 
July 22, 2019
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.
  • Litigation

Challenging CBP One Turnback Policy

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.
  • FOIA

Council Seeks Records on CBP’s Treatment of Migrants at the U.S.-Mexico Border

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.
  • FOIA

ICE Didn’t Follow Federal Enforcement Priorities Set by Biden Administration

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.
  • Amicus Briefs

Demanding ICE Provide Essential Data

Last modified: 
January 30, 2023
Publication Date: 
August 27, 2021
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.
  • FOIA

FOIA Request Seeks Records Regarding Parole Guidance and Incorrect Addresses on CBP Documents After Migrants Flown to Martha's Vineyard

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.
Protestors raise their hands in solidarity outside of the Fifth Police Precinct in Minneapolis in response to the death of George Floyd
  • FOIA

Beyond the Border: U.S. Customs and Border Protection (CBP) Presence at Racial Justice Protests in Summer of 2020

...

  • FOIA Litigation

CBP Faces FOIA Lawsuit for Failing to Disclose Information About Border Patrol Practices in Ohio

This FOIA lawsuit seeks records about Border Patrol activities at the Sandusky Bay Station located in northern Ohio to improve the public’s understanding of CBP’s enforcement practices at northern U.S. borders, including cooperation with local law enforcement.
  • FOIA Litigation

Council Sues CBP To Obtain Records About CBP One

This FOIA Lawsuit seeks to compel CBP to release information about its implementation of CBP One, an app designed to streamline interactions between CBP officers and travelers, including asylum seekers, that has raised concerns amongst advocates.
  • Amicus Briefs

Council and Partners Urge Supreme Court to Stop Texas Court from Reinstatement of the Migrant Protection Protocols

Publication Date: 
August 23, 2021
This amicus brief urges the Supreme Court to stop the reinstatement of the Migrant Protection Protocols (MPP), and halt the lower court's poorly reasoned and factually flawed decision.
  • Amicus Briefs

Council and Partners Submit Amicus Brief to Stop the Reinstatement of the Migrant Protection Protocols

Publication Date: 
August 18, 2021
This brief highlights the court's many factual errors about MPP in its decision to reinstate the program.
  • Practice Advisories

Arriving Noncitizens and Adjustment of Status

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.
  • Practice Advisories

Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection

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.
  • Practice Advisories

Seeking a Judicial Stay of Removal in the Court of Appeals

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.
  • Blog

New Report Uncovers CBP’s Role in Policing Racial Justice Protests in Summer 2020

September 21, 2023

In the summer of 2020, after George Floyd’s murder, racial justice protests took hold in cities throughout the country. The massive mobilization reflected a nationwide groundswell of opposition to...

  • Blog

Fifth Circuit Allows Texas to Keep Its Controversial ‘Buoy Barrier’ in Place for Now

September 14, 2023

Since President Biden took office, Texas Governor Greg Abbott has been escalating both rhetoric and action in response to a rise in migration across the Rio Grande. Right now, challenges to his...

  • Blog

CBP’s Continued ‘Turnbacks’ Are Sending Asylum Seekers Back to Lethal Danger

August 10, 2023

On April 8, a family came to the San Ysidro port of entry in Tijuana and asked to be let into the United States to seek asylum. The husband’s arm was bleeding. He’d been shot. The cartel that had...

  • Blog

Lawsuit Challenging Texas’ Floating Barrier Raises Questions About Its Other Border Policies

August 1, 2023

The post Lawsuit Challenging Texas’ Floating Barrier Raises Questions About Its...

  • Blog

The True Impact of Biden’s Asylum Transit Ban

July 28, 2023

On Tuesday, a federal judge ruled that the Biden administration’s asylum transit ban was illegal and should be vacated. The ruling isn’t in effect yet – it was delayed for 14 days and may be...

  • Blog

Biden’s Asylum Transit Ban – Where Are We Now?

June 29, 2023

The end of the COVID-19 public health emergency back in May meant an end to Title 42. That policy, grounded in an obscure public health law, was put in place by the Trump administration in March...

  • Blog

House GOP Lays out Flimsy Case for Mayorkas Impeachment

June 15, 2023

Over the last two years, the House GOP has become increasingly vocal about their disagreements with the Biden administration on immigration and border policy. In recent weeks, this disagreement...

  • Blog

Border Patrol Custody Is Already Dangerous and This Florida Lawsuit Is Making It Worse

May 19, 2023

One of the biggest concerns after the end of the Title 42 policy of mass expulsion at the U.S.-Mexico border was that large numbers of people would cross in the hours and days afterward. When the...

  • Blog

How To Seek Asylum (Under Biden’s Asylum Transit Ban), In 15 Not-At-All-Easy Steps

May 11, 2023

Back in February, when the Biden administration proposed a new regulation that would essentially restrict the vast majority of border crossers from qualifying for asylum, we broke it down with a...

  • Blog

Newly Introduced Border Bill Would Create More Chaos at the Border, Not Less

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...

  • Press Release

Solicitantes de Asilo Piden a la Corte Bloquear la Política de Rechazo

August 10, 2023
El miércoles, un grupo de solicitantes de asilo presentó una petición para bloquear la política ilegal de la administración Biden de rechazar a las personas que buscan asilo en los puertos de entrada a lo largo de la frontera con Estados Unidos.
  • Press Release

Asylum Seekers Ask Court to Block Turnback Policy

August 10, 2023
On Wednesday a group of asylum seekers moved to block the Biden administration’s unlawful policy of turning back people seeking asylum at ports of entry along the southern border.
  • Press Release

New Menendez Plan Proposes Humane and Effective Solutions for Managing Migration at the Border

April 18, 2023
The American Immigration Council responds to the new Menendez Plan which proposes humane and effective solutions for managing migration at the border.
  • Press Release

Opposition to Proposed Asylum Transit Ban Rule Across U.S.

April 10, 2023
Members of Congress, Faith Leaders, and Pediatricians Join Tens of Thousands of People Demanding Rescission of Biden Asylum Transit Ban.
  • Press Release

Department of Justice and Department of Homeland Security Release Details of Dangerous New Asylum Transit Ban

February 21, 2023
The American Immigration Council responds to the Notice of Proposed Rulemaking by the U.S. Department of Justice and the U.S. Department of Homeland Security on the implementation of a new asylum transit ban.
  • Press Release

Biden Administration Expands Use of Title 42 and Proposes New Asylum Ban, In Exchange for Creation of Alternate Pathways for Migration and New Methods of Seeking Asylum at Ports of Entry

January 5, 2023
The American Immigration Council responds to new announced a series of border policy reforms, including a variant of President Trump's asylum "Transit Ban", from the Biden administration.
  • Press Release

Judge Strikes Down Title 42 Policy: A Long Overdue Step Toward Rebuilding the US Asylum System

November 15, 2022
Judge Emmet G. Sullivan issued a decision vacating and ending Title 42, more than two and a half years after the purported public health policy went into effect.
  • Press Release

Biden Administration Pairs Humanitarian Aid and H-2B Visa Expansion with Trump-Style Border Enforcement in Venezuelan Response Plan

October 13, 2022
The American Immigration Council alongside responded to the Biden Administration’s announcement of a parole program to protect some Venezuelan nationals with ties to the U.S., expansion of Title 42 to expel Venezuelans who cross the border without prior authorization, and nearly 65,000 added visas under the H-2B program.
  • Press Release

Violence and Racism at the Core of Migrant Deaths in West Texas

September 30, 2022
The warden of a privately run detention facility in West Texas Center—which very recently held detained individuals for U.S. Immigration Customs and Enforcement—was arrested and charged with manslaughter for shooting two migrants, killing one, in Sierra Blanca, Texas
  • Press Release

U.S. Supreme Court Allows Biden Administration to End MPP

June 30, 2022
The U.S. Supreme Court allows the Biden administration’s efforts to terminate the Migrant Protection Protocols—an illegal Trump-era policy that sent thousands of people seeking humanitarian protection to dangerous areas of Mexico to await their asylum hearings.
  • Advocacy

Testifying on the Positive Economic Contributions of Immigrants in the U.S. and the American Immigrant Workforce

Last modified: 
September 20, 2023
Publication Date: 
September 20, 2023
The American Immigration Council appeared before Congress to address the economic contributions of immigrants in the U.S. and the American economic system.
  • Press Release

Solicitantes de Asilo Piden a la Corte Bloquear la Política de Rechazo

August 10, 2023
El miércoles, un grupo de solicitantes de asilo presentó una petición para bloquear la política ilegal de la administración Biden de rechazar a las personas que buscan asilo en los puertos de entrada a lo largo de la frontera con Estados Unidos.
  • Press Release

Asylum Seekers Ask Court to Block Turnback Policy

August 10, 2023
On Wednesday a group of asylum seekers moved to block the Biden administration’s unlawful policy of turning back people seeking asylum at ports of entry along the southern border.
  • Litigation

Challenging CBP One Turnback Policy

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.
  • FOIA

Council Seeks Records on CBP’s Treatment of Migrants at the U.S.-Mexico Border

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.
  • FOIA

ICE Didn’t Follow Federal Enforcement Priorities Set by Biden Administration

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.
  • Policy Briefs

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

Last modified: 
June 7, 2023
Publication Date: 
June 7, 2023
The American Immigration Council appeared before Congress to address the complicated reality of the application of immigration law at the border.
  • Fact Sheet

CBP One: An Overview

Last modified: 
June 2, 2023
Publication Date: 
December 9, 2021
This fact sheet provides an overview on CBP One, a mobile app developed to streamline interaction between travelers and CBP officers at ports of entry using technology which includes GPS tracking and...
  • Letters

Coalition Letter Urges Vote Against Border Bill That Dismantles Asylum and Harms Asylum Seekers and Border Communities

Last modified: 
May 10, 2023
Publication Date: 
May 8, 2023
The American Immigration Council joined a coalition of 129 organizations calling for members of the House of Representatives to vote against an anti-immigrant border bill that would dismantle the U.S...
  • Press Release

New Menendez Plan Proposes Humane and Effective Solutions for Managing Migration at the Border

April 18, 2023
The American Immigration Council responds to the new Menendez Plan which proposes humane and effective solutions for managing migration at the border.

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