Enforcement

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

Recent Features

All Enforcement Content

May 23, 2012
The collection of biometrics—including fingerprints, DNA, and face-recognition ready photographs—is becoming more and more a part of society. Both the Department of Homeland Security (DHS) and the...
May 1, 2012
The report describes restrictions on access to legal counsel before DHS, provides a legal landscape, and offers recommendations designed to combat DHS’s harmful practices. It also addresses changes...
April 30, 2012
How Behavioral Economics Reveals the Fallacies behind “Attrition through Enforcement” By Alexandra Filindra, Ph.D....
April 17, 2012
In April 2012, the Department of Homeland Security (DHS) Office of Inspector General (OIG) released two long-awaited reports on the Secure Communities Program: Operations of United States...
April 17, 2012
In April, the U.S. Supreme Court will hear arguments in Arizona v. United States, a case addressing the legality of the Arizona immigration law known as SB 1070. According to the statement...
April 11, 2012
Discretion takes many forms throughout the immigration enforcement process. Every removal of a noncitizen from the United States, for example, reflects a series of complex choices which reflect...
April 1, 2012
Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its operation...
February 23, 2012
As federal officers, U.S. Customs and Border Patrol agents may only exercise the authority granted under federal statutes and regulations. This fact sheet provides a snapshot of search, interrogation...
February 16, 2012
What You Need to Know if Your State is Considering Anti-immigrant Legislation...
February 6, 2012
By Michele Waslin The day that Alabama’s draconian anti-immigrant law...
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.

Advocates in states along the northern border of the United States have reported that Border Patrol agents frequently “assist” other law enforcement agencies by serving...

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

American Immigration Council and AILA’s Connecticut chapter initially sought records related to CAP through a FOIA request to ICE in December 2011. When ICE refused to release records responsive to the request, Plaintiffs filed suit under FOIA for declaratory and injunctive relief to compel the disclosure and release of agency records improperly withheld by DHS and its component ICE
Reducing Regulatory Burden; Retrospective Review Under Executive Order 13563, 76 Fed. Reg. 13526 (Mar. 14, 2011)

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

August 13, 2021

U.S. Immigration and Customs Enforcement (ICE) announced this week a new policy designed to honor and protect vulnerable immigrants. The new policy addresses protections for survivors of violence...

August 10, 2021

A new Illinois law limiting U.S. Immigration and Customs Enforcement (ICE) detention is expected to effectively end detention in the state by next year. The law goes further than those that have...

August 6, 2021

A federal judge on Tuesday dealt an important blow to Texas Governor Greg Abbott’s flawed plan to stop migrants from entering and traveling through Texas. Governor Abbott issued an executive order...

August 5, 2021

It is unquestionable that technology creates efficiencies. But efficiency should not come at the total expense of privacy. A new app from U.S. Customs and Border Protection (CBP) toes that line...

July 30, 2021

U.S. Immigration and Customs Enforcement (ICE) keeps making an inexcusable error: it has been deporting U.S. citizens by mistake. 70 potential U.S. citizens were deported between 2015 and 2020, a...

July 28, 2021

As the number of families coming to the border has increased from June to July, the Biden administration is beginning yet another crackdown. Late on July 26, the Department of Homeland Security (...

July 27, 2021

The state of Texas has started a concentrated effort to arrest immigrants who have recently crossed the U.S.-Mexico border. The immigrants are charged with criminal state offenses of trespassing...

July 15, 2021

U.S. Immigration and Customs Enforcement (ICE) may soon have its first Senate-confirmed leader in nearly five years. On July 15, the Senate Homeland Security and Governmental Affairs Committee...

July 9, 2021

U.S. Immigration and Customs Enforcement (ICE) will no longer detain most people who are pregnant, postpartum, or nursing, according to a new policy released on July 9. However, ICE did not commit...

June 30, 2021

The Supreme Court issued a decision on June 29 in the Johnson v. Guzman Chavez case. The majority of the justices determined that people with prior removal orders are subject to mandatory...

October 21, 2015

Washington D.C. - Immigrant rights groups today filed Freedom of Information Act (FOIA) litigation to compel the

October 20, 2015

Washington D.C. - Today, the Senate rejected the motion to proceed on Senator David Vitter’s (R-LA) “Stop Sanctuary Policies and Protect Americans Act” (S. 2146).

October 5, 2015

Washington, D.C. — Today, U.S.

September 30, 2015

Today, Catholic Legal Immigration Network (CLINIC), the American Immigration Council, Refugee and Immigrant Center for Education and Legal Services (RAICES), and the American Immigration Lawyers As

September 18, 2015

Washington, DC – Today, Catholic Legal Immigration Network (CLINIC), the American Immigration Council, Refugee and Immigrant Center for Education and Legal Services (RAICES), and the America

September 10, 2015

Washington, DC – Today, Catholic Legal Immigration Network (CLINIC), the American Immigration Council, Refugee and Immigrant Center for E

August 27, 2015

Washington, DC – The American Immigration Lawyers Association (AILA) and the American Immigration Council (Council) are outraged by the U.S.

August 24, 2015

Washington, D.C. - The American Immigration Lawyers Association (AILA) and the American Immigration Council (Council) welcome a decision released Friday evening by U.S.

July 30, 2015
Ten mothers came forward to lodge formal complaints about the substandard medical care they and their children received while detained by the Department of Homeland of Security.
November 29, 2021
The Council and AILA summited comments on a DHS and CBP information collection request for the processing of undocumented immigrants at ports of entry at land borders, but the organizations remain...
This FOIA lawsuit seeks to compel DHS and ICE to disclose the weekly reports ICE was required to produce about their enforcement activities and removals pursuant to the DHS’ January 20 and February 18 memos establishing new immigration enforcement priorities.
November 29, 2021
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
November 23, 2021

The American Immigration Council, American Immigration Lawyers Association (AILA), ACLU of New Mexico, Innovation Law Lab, and the National Immigration Project of the National Lawyers Guild filed...

November 18, 2021

Data released by U.S. Customs and Border Protection (CBP) shows that the number of individuals apprehended by the Border Patrol at the U.S.-Mexico border fell by 15% from September to October,...

November 16, 2021

Four years ago, immigration lawyers and advocates began to see a disturbing practice emerge: the U.S. government began to forcibly separate children—some very young—from their parents at the...

November 10, 2021

By Tsion Gurmu, Legal Manager and Staff Attorney at the Black Alliance for Just Immigration and Emily Creighton, Legal Director of Transparency The public watched in horror this September as U.S....

This FOIA suit seeks to compel ICE to release information about conditions, treatment, and outcomes in eight immigration detention facilities in the U.S. South.
November 3, 2021

In a landmark court decision, Geo Group—one of the largest private prison companies that own and/or manage dozens of immigrant detention centers across the United States—was found to have violated...

October 29, 2021

By Emma Winger, Staff Attorney, American Immigration Council, and Eunice Cho, Sr. Staff Attorney, ACLU National Prison Project “Ben G.” is a 35-year-old veterinarian from Nicaragua who fled to the...

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