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.

Biden Administration Announces Plan for Reinstating the Migrant Protection Protocols

Two months after a federal court ordered the Biden administration to reinstate the so-called Migrant Protection Protocols (also known as “Remain in Mexico”), the administration announced that it will reinstate the program in mid-November if Mexico agrees. In response, some advocates staged a virtual walkout of a listening session held by the administration, refusing to […]

ICE Needs a Consistent System of Discretionary Release from Detention

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) need to establish clear guidance for when ICE should release someone from detention. So far, the Biden administration, like past administrations, has failed to issue this essential guidance. This inaction has left thousands of people needlessly detained. On October 5, the American […]

Biden Administration Doubles Down On Title 42 As Del Rio Expulsions Draw to A Close

In September, nearly 15,000 Haitians arrived near Del Rio, Texas seeking asylum in the United States. But rather than allowing them to seek protection, as is their right under United States law, the Biden administration instead began a process of mass expulsions to Haiti. With expulsions to Haiti finally slowing to a trickle  after 70 […]

DHS Infringed on First Amendment Rights by Collecting Intel on Portland Protestors

U.S. Department of Homeland Security (DHS) officials improperly developed intelligence reports nicknamed “baseball cards” about individuals arrested in Portland, Oregon during the civil unrest following George Floyd’s murder, a DHS internal review found. The internal report found that the Intelligence & Analysis (I&A) branch of DHS directed federal agents to collect these reports (i.e., dossiers) […]

New Enforcement Priorities Show Some Improvement, Maintain Old Framework

On September 30, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued the long-awaited new set of enforcement priorities, entitled “Guidelines for the Enforcement of Civil Immigration Laws.” The guidelines, which will go into effect on November 29, 2021, will replace the February 18 interim enforcement priorities memo issued to U.S. Immigration Customs Enforcement (ICE), […]

With New Florida Lawsuit, States’ Efforts to Dictate Federal Immigration Policy Continue

Florida Governor Ron DeSantis announced a new lawsuit on Tuesday seeking an order requiring the Biden administration to detain almost all people arriving at the Southwest border. It is the latest in a string of lawsuits brought by states with Republican governors seeking to shape federal immigration policy. In its lawsuit, Florida argues that the […]

Seeking Records About ICE’s Compliance with DHS’s Enforcement Priorities

This FOIA requests effort seeks records on ICE reports about its enforcement activities, whether the people arrested by ICE fit into the DHS’s enforcement priorities, and information about instances when officers pursued enforcement actions against individuals who would not be considered priorities for immigration enforcement.

Federal Court Orders ICE to End Unlawful Detention of Immigrant Youth Who Turn 18 in Federal Custody

A district court judge in Washington, D.C., ruled that ICE broke the law by detaining unaccompanied children who turned 18 and “aged out” of Office of Refugee Resettlement custody. The court ordered the agency to change its practices and procedures to avoid further unlawful detentions.