Enforcement

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October 20, 2021
The Council and partners urged ICE and USCIS in a letter to ensure timely credible and reasonable fear interviews at U.S. immigration detention centers.
October 6, 2021
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...
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-...
August 2, 2021
This Council fact sheet provides an overview and analysis of border encounters and border apprehensions in 2021.
May 20, 2021
This report analyzes the Biden administration's 100 days progress in reforming immigration enforcement and recommendations for how to best move forward.
March 16, 2021
This fact sheet provides an overview of “aggravated felonies” under federal immigration law and the immigration consequences of being convicted of an “aggravated felony.”
February 26, 2021
This fact sheet draws from original data gathered from hundreds of community-organizations around the country and provides a snapshot of the extent of available services that help migrants navigate...
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.
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...
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.
September 10, 2021
In the amicus brief filed with the Supreme Court of Michigan, the Council and partners reject Calhoun County's position to withhold records that otherwise would be released under the Michigan state FOIA.
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.
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.
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.
August 18, 2021
This brief highlights the court's many factual errors about MPP in its decision to reinstate the program.

What is CBP One and why is it concerning?

Customs and Border Protection (CBP) launched a new app that can be downloaded on mobile devices called CBP One. According to the agency, CBP One...

This Freedom of Information Act lawsuit seeks to uncover information about the databases and systems that Department of Homeland Security (DHS) agencies use in immigration enforcement.
May 27, 2021
The amicus brief in Ayom v. Garland urges the eighth circuit to affirm that mandatory detention has constitutional limits, and reject the endorsement of prolonged mandatory detention for people in removal proceedings.
The Council and Black Alliance for Just Immigration (BAJI) are investigating the abuse and mistreatment of Black immigrants in ICE detention facilities located in Louisiana, Mississippi, and Texas.
The Council filed multiple Freedom of Information Act requests to unearth the systems that the government uses in immigration enforcement and the data it collects.
July 11, 2019
These template materials will assist attorneys representing individuals with final removal orders issued by the Executive Office for Immigration Review.
February 27, 2019
This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens.
August 1, 2017
This Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law.
August 1, 2017
This Practice Advisory discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained through constitutional violations by state and local officers seeking to enforce immigration law.
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.
November 1, 2015
This Practice Advisory discusses the impact of an interim rule repealing two former regulations which barred all “arriving aliens” from adjusting status if they are in removal proceedings. This Advisory provides a brief history leading to the rule, defines key terms, discusses the impact of the rule, and suggests steps that a parolee can take to benefit from the rule.
March 18, 2015
This Practice Advisory, updated following the issuance of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can influence the favorable exercise of prosecutorial discretion by ICE, CBP and USCIS officers.
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 20, 2013

This Practice Advisory discusses the "departure bar" to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.

June 1, 2008

This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

October 21, 2021

In a split decision, the Ninth Circuit Court of Appeals on October 20 lifted a lower court’s protections for medically vulnerable people locked up in U.S. Immigration and Customs Enforcement (ICE...

October 19, 2021

U.S. Immigration and Customs Enforcement (ICE) has been known to improperly subject individuals in its custody to solitary confinement and has destroyed solitary confinement records in violation...

October 18, 2021

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...

October 13, 2021

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...

October 13, 2021

The Biden administration just took a significant step toward reining in U.S. Immigration and Customs Enforcement (ICE). Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued a...

October 8, 2021

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,...

October 6, 2021

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...

October 1, 2021

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...

September 30, 2021

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...

September 21, 2021

Roughly 14,000 Haitians arrived at the border across from Del Rio, Texas in mid-September and walked across the Rio Grande to seek asylum. Many first left Haiti in 2010 following a devastating...

September 22, 2021
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.
August 24, 2021
The U.S. Supreme Court refused to stay a ruling from a lower Texas court that would force the Biden administration to revive the Migrant Protection Protocols.
August 19, 2021
A Texas judge blocked the Biden administration’s immigration enforcement priorities. The decision was issued in a case challenging ICE’s enforcement activities outside the scope laid out in the Feb. 18 enforcement memo.
August 17, 2021
As the Biden administration begins crafting next year's budget, 131 organizations published a statement for the Biden administration outlining the top immigration priorities that must be included in the country’s budget for Fiscal Year 2023.
May 28, 2021
The Biden administration disclosed today a $54.2 billion budget request for the U.S. Department of Homeland Security for fiscal year 2022. The request is is deeply disappointing and a missed opportunity to set immigration enforcement in the United States on a new path.
March 23, 2021
The nation has turned its attention to the current situation at the U.S.-Mexico border, including the rise in immigrant children in U.S. government custody. Much of the conversation has focused on a supposed surge in arrivals under the Biden administration, but the current increase began well before President Biden took office.
January 7, 2021
Immigrant rights advocates moved for a temporary restraining order to block the Trump administration’s latest attempt to circumvent an earlier court order prohibiting the government from applying an asylum ban to people whom U.S. Customs and Border Protection had previously turned away from ports of entry along the U.S.-Mexico border.
February 19, 2020
A federal court ordered U.S. Customs and Border Protection to overhaul the way the agency detains people in its custody in the Tucson Sector. The court found that the conditions in CBP holding cells, especially those that preclude sleep over several nights, are presumptively punitive and violate the U.S. Constitution.
January 23, 2020
During the course of the trial, a federal judge heard from qualified experts who testified on the inadequate medical care and severe conditions inside CBP detention centers.
November 20, 2019
The Trump administration published a new rule that seeks to implement safe third country agreements that the United States entered into with Guatemala, Honduras, and El Salvador—and bar many individuals seeking protection in the United States from being able to apply for asylum.
October 21, 2021

In a split decision, the Ninth Circuit Court of Appeals on October 20 lifted a lower court’s protections for medically vulnerable people locked up in U.S. Immigration and Customs Enforcement (ICE...

October 20, 2021
The Council and partners urged ICE and USCIS in a letter to ensure timely credible and reasonable fear interviews at U.S. immigration detention centers.
October 19, 2021

U.S. Immigration and Customs Enforcement (ICE) has been known to improperly subject individuals in its custody to solitary confinement and has destroyed solitary confinement records in violation...

October 19, 2021
The Council, AILA, and the Immigration Justice Campaign commented on the proposed creation of “Dedicated Docket” in immigration court to complete the claims of asylum-seeking families within 300 days...
October 18, 2021

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...

October 14, 2021
The Council and 30 other organizations sent a letter to DHS offering an assessment of the factual and legal bases for terminating the Migrant Protection Protocols (MPP) program.
October 13, 2021

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...

October 13, 2021

The Biden administration just took a significant step toward reining in U.S. Immigration and Customs Enforcement (ICE). Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued a...

October 11, 2021
The American Immigration Council joins a coalition letter that calls on the Biden administration to terminate local detention contracts and halt all other efforts to expand the ICE detention system...
October 8, 2021

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,...

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