Border Enforcement

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August 16, 2018
This report presents findings from the first empirical analysis of asylum adjudication in family detention. Drawing on government data from over 18,000 immigration court proceedings initiated between...
May 1, 2018
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-...
March 7, 2018
Enforcement of U.S. immigration laws has historically been guided by policies that emphasize prioritization. However, this practice has largely been abandoned since the inauguration of President...
September 19, 2017
Mexican migrants suffer a host of violations, abuses, and ill treatment while in the custody of U.S. immigration authorities.
August 2, 2017
This report raises more concerns about misconduct throughout Border Patrol sectors and shows Customs and Border Patrol has made little progress in its efforts to improve accountability.
April 24, 2017

The last time the Border Patrol received a large infusion of money to hire thousands of new agents, cases of corruption and misconduct spiked in the agency. New hires were not sufficiently vetted...

February 27, 2017
The provisions in the order pose serious concerns for the protection and due process rights of those currently residing in the United States, communities along the U.S-Mexico border, and vulnerable...
February 3, 2017
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.
January 25, 2017
The fact is that building a fortified and impenetrable wall between the United States and Mexico is unnecessary, complicated, ineffective, expensive, and would create a host of additional problems.
January 25, 2017
Since the last major overhaul of the U.S. immigration system in 1986, the federal government has spent an estimated $263 billion on immigration enforcement.
The Council is seeking monetary damages on behalf of six asylum-seeking mothers and their children for the trauma they suffered when torn apart under the Trump Administration’s family separation policy.
February 6, 2019
The Migrant Protection Protocols will put asylum seekers at grave risk of harm by forcing them to remain in Mexico pending their request for protection. Due to these concerns, immigration advocates submitted a letter to Homeland Security Kirstjen Nielsen with first-hand testimonies of ten families attesting to the violence and harm–including rape, beatings, kidnappings, and ransom–they faced on the Mexican side of our southern border.
August 23, 2018

The Trump administration’s “zero tolerance” immigration policy led to not only to the forcible separation of thousands of children from their parents, but the extreme duress and coercion of...

This lawsuit seeks to compel U.S. Customs and Border Protection (CBP) to release records relating to CBP’s complaint process and actions taken in response to complaints made to CBP concerning its agents and officers since January 1, 2012.
July 31, 2018
The American Immigration Council submitted a written statement to the Senate Committee on the Judiciary for a July 31, 2018 hearing on “Oversight of Immigration Enforcement and Family Reunification Efforts.”
The American Immigration Council filed a Freedom of Information Act (FOIA) request with ICE and CBP on October 13, 2017, seeking data on enforcement actions and outcomes since January 2016. With this data, the Council will be able to assess who is being targeted for removal and what the consequences are of the current enforcement framework.
This lawsuit seeks to compel government agencies to produce documents regarding family separation policies.
In the year and a half since the FOIA request was filed, CBP largely failed to provide any records in response to the request. On June 11, 2018, the Council, represented by O’Melveny & Myers LLP, filed a lawsuit to compel DHS and CBP to comply with FOIA and to release additional records related to the 2016 request.
U.S. Customs and Border Protection officers all too frequently deny individuals fleeing persecution and torture their right to seek protection in the United States, issue summary removal orders against them, and then falsify documents to support their illegal actions.
May 22, 2018

The American Immigration Council submitted a written statement to the House Homeland Subcommittee on Border and Maritime Security for a May 22, 2018 hearing on “Stopping the Daily Border Caravan:...

August 20, 2018
This practice advisory provides an overview of the Supreme Court’s decision in Bivens, the benefits and risks of bringing a Bivens claim, and practical and legal information about filing a Bivens claim in federal court.
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.
February 21, 2017

This Practice Advisory addresses the coming expansion of expedited removal, who likely will be impacted, and possible ways to challenge an expedited removal order. The National Immigration Project...

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.
October 22, 2015
This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status.
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.
April 29, 2013
A person who has been removed and unlawfully reenters the United States may be subject to reinstatement of removal under INA § 241(a)(5). This Practice Advisory provides an overview of the reinstatement statute and implementing regulations. It also addresses where to obtain federal court review of reinstatement orders and which arguments are available to challenge the legality of reinstatement orders in federal court, including challenges to the underlying removal order.
February 15, 2019

Following three weeks of spending negotiations, Congress passed a budget deal on Thursday to fund the federal government through the end of September. Even though it did not include the money...

February 12, 2019

On Monday evening in El Paso, Texas, two very different images of the U.S.-Mexico border emerged. President Trump held a rally to make the case for his border wall again, repeating his usual...

February 11, 2019

In April 2018, the Trump administration officially rolled out its “zero tolerance” policy—a policy that has since been universally condemned for its cruel and unlawful practice of separating...

February 8, 2019

The Trump administration began implementing a deeply troubling new policy on January 28, 2019, the “Migrant Protection Protocols” (MPP). Under the MPP, the government prevents asylum seekers from...

January 25, 2019

The Department of Homeland Security (DHS) announced plans to immediately launch a new policy to force asylum-seeking migrants to wait in Mexico for their immigration court hearing. Officially...

January 17, 2019

As the partial government shutdown stretches on, many individuals, families, and businesses around the country are struggling. At the heart of the shutdown and budget standoff is President Trump’s...

January 8, 2019

There is no doubt that a thoughtful conversation needs to be had around border security. However, it must be grounded in the realities of who is actually arriving at the U.S. border with Mexico,...

January 4, 2019

Roughly 25 percent of the federal government closed on December 22 after President Trump declared his intent to veto any funding bill that didn’t contain five billion dollars for building a wall...

January 2, 2019

In early December, seven-year-old Guatemalan Jakelin Caal died within hours after coming into the custody of Customs and Border Protection (CBP). Her tragic death brought renewed attention to the...

December 21, 2018

2018 proved that the only thing you can predict about the Trump administration’s immigration policy is it’s unpredictable. On Wednesday, two separate court decisions dealt blows to the Trump...

February 15, 2019
After months of threats, the longest government shutdown in history, and the passage of a bipartisan compromise on federal funding for homeland security, President Trump declared a national emergency to fund the building of a border wall without congressional approval. The president took this step despite strong bipartisan opposition to declaring a national emergency.
February 11, 2019
In their claims, the mothers describe the harrowing circumstances in which immigration officers ripped their children away from them.
December 20, 2018
The new policy would require many individuals seeking protection in the United States, including children and other vulnerable individuals, to remain in Mexico until their asylum claim is decided by an overwhelmingly backlogged U.S. immigration court system, potentially spending months or even years in life-threatening conditions.
November 8, 2018
The Trump administration revealed today a new interim final regulation that restricts access to asylum at the border, causing chaos and uncertainty for many seeking protection.
October 16, 2018
In a new court filing, asylum seekers and an immigrant rights group are challenging the Trump administration’s policy and practice of turning back asylum seekers at ports of entry along the U.S.-Mexico border
September 6, 2018
The Trump administration proposed new regulations that could lead to the indefinite detention—and needless suffering—of asylum-seeking children.
August 23, 2018
The complaint points to numerous examples, including that of Mrs. D.P., who was separated from her 9-year-old daughter for 47 days as a result of Attorney General Jeff Sessions' "zero-tolerance" border policy.
August 16, 2018
As government officials and policymakers weigh the potential expansion of family detention, this report reveals how detention impacts asylum-seeking families and their claims for protection.
July 26, 2018
"The government’s failure to comply with the court order to reunify the thousands of separated children and parents confirms the administration’s utter disregard for the humane and fair treatment of families coming to our country in search of protection."
July 9, 2018
Leaders of several immigrant and human rights organizations were invited for the first time under the Trump administration to meet with Secretary of Homeland Security Kirstjen Nielsen.
February 15, 2019

Following three weeks of spending negotiations, Congress passed a budget deal on Thursday to fund the federal government through the end of September. Even though it did not include the money...

February 15, 2019
After months of threats, the longest government shutdown in history, and the passage of a bipartisan compromise on federal funding for homeland security, President Trump declared a national emergency to fund the building of a border wall without congressional approval. The president took this step despite strong bipartisan opposition to declaring a national emergency.
February 12, 2019

On Monday evening in El Paso, Texas, two very different images of the U.S.-Mexico border emerged. President Trump held a rally to make the case for his border wall again, repeating his usual...

February 11, 2019

In April 2018, the Trump administration officially rolled out its “zero tolerance” policy—a policy that has since been universally condemned for its cruel and unlawful practice of separating...

February 11, 2019
In their claims, the mothers describe the harrowing circumstances in which immigration officers ripped their children away from them.
February 8, 2019

The Trump administration began implementing a deeply troubling new policy on January 28, 2019, the “Migrant Protection Protocols” (MPP). Under the MPP, the government prevents asylum seekers from...

The Council is seeking monetary damages on behalf of six asylum-seeking mothers and their children for the trauma they suffered when torn apart under the Trump Administration’s family separation policy.
February 6, 2019
The Migrant Protection Protocols will put asylum seekers at grave risk of harm by forcing them to remain in Mexico pending their request for protection. Due to these concerns, immigration advocates submitted a letter to Homeland Security Kirstjen Nielsen with first-hand testimonies of ten families attesting to the violence and harm–including rape, beatings, kidnappings, and ransom–they faced on the Mexican side of our southern border.
January 25, 2019

The Department of Homeland Security (DHS) announced plans to immediately launch a new policy to force asylum-seeking migrants to wait in Mexico for their immigration court hearing. Officially...

January 17, 2019

As the partial government shutdown stretches on, many individuals, families, and businesses around the country are struggling. At the heart of the shutdown and budget standoff is President Trump’s...

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