Enforcement

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December 5, 2018
This analysis reveals that individuals detained by U.S. Immigration and Customs Enforcement were commonly held in privately operated and remotely located facilities, far away from basic community...
September 6, 2018
The Legal Orientation Program (LOP) offers legal education, as well as referrals for free and low-cost legal counsel, to noncitizens in immigration detention.
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 23, 2018
Deportations of parents and family members have serious consequences that affect children and extend to communities and the country as a whole.
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...
January 24, 2018
Parole under immigration law is very different than in the criminal justice context. In the immigration context, parole facilitates certain individuals’ entry into and permission to temporarily...
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.
May 19, 2017
The Trump administration’s approach will have devastating consequences for immigrant communities and will undermine, rather than improve, public safety.
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 10, 2019

The American Immigration Council and the Immigrants’ Rights and Human Trafficking Program and Boston University School of Law filed an amicus brief in ACLU v. DHS, a Freedom of Information...

January 7, 2019

The American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a joint comment opposing the “Interim Final Rule: Aliens Subject to a Bar on Entry Under...

November 6, 2018
The Trump administration proposed new regulations undermining the 1997 Flores settlement agreement. If the proposed regulations are finalized, they would weaken protections for children and place them at greater risk of trauma and mistreatment.
September 18, 2018

The American Immigration Council and American Immigration Lawyers Association submitted a written statement to the Senate Committee on Homeland Security and...

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 case challenges the punitive practice of keeping asylum seekers in custody for weeks or months without access to credible fear interviews or bond hearings and the lack of basic procedural protections—like hearing transcripts and written decisions—in bond hearings, as well as whether asylum seekers must bear the burden of proof in bond proceedings.
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.”
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.
September 11, 2017
This practice advisory addresses the TPS recipients who are most likely to benefit from Ramirez and Flores; other general categories of family and employment-based adjustment applicants who benefit from these two decisions; and options that may be available to TPS recipients who do not live within these two circuits.
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.
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.
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.
June 1, 2014
This Practice Advisory, written in collaboration with the ABA Commission on Immigration and Penn State Law’s Center for Immigrants’ Rights, provides innovative legal and procedural arguments and strategies for attorneys representing noncitizens 1) who are likely to be issued NTAs, 2) who have been issued NTAs that have not been filed with the immigration court, or 3) who have been issued NTAs that have been filed. It provides an overview of the legal requirements for an NTA and strategies available to attorneys to cancel, mitigate, or challenge the contents of an NTA. In addition to presenting legal and procedural arguments, the Advisory provides strategies to attorneys wishing to seek prosecutorial discretion in connection with the NTA.
February 19, 2019

Speaking from the Rose Garden on Friday, President Trump invoked the National Emergency Act after Congress refused to provide full funding for additions to the U.S.-Mexico border wall. By...

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 13, 2019

The Department of Homeland Security (DHS) and its component agency U.S. Immigration and Customs Enforcement (ICE) have a long-standing and poor track record when it comes to transparency and...

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...

February 6, 2019

Speaking before Congress and the nation Tuesday evening, President Trump once again promised bipartisanship and instead delivered division. When it came to immigration, the president neither...

February 5, 2019

Immigration will undoubtedly be a central issue during President Trump’s State of the Union address. However, it’s unlikely that any of the proposals the president advances will move us closer to...

January 31, 2019

Immigration and Customs Enforcement (ICE) drastically expanded its network of immigration jails in the last month by a startling 7 percent. ICE now holds about 48,000 individuals in its jails and...

January 29, 2019

It has been two years since the Trump administration’s travel ban went into effect. Aside from multiple court challenges, the ban has largely disappeared from American headlines. And yet the ban...

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.
December 13, 2018
A federal district court in Seattle, Washington issued an order rejecting the government’s arguments that recent asylum seekers who enter the United States without immigration status are not entitled to constitutional protections.
December 5, 2018
A report on immigration detention examines the United States’ complex, sprawling network of facilities used to detain immigrants. The report, “The Landscape of Immigration Detention in the United States,” reveals that detained individuals were commonly held in facilities operated by private entities and located in remote areas, far away from basic community support structures and legal advocacy networks.
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 21, 2018
Yesterday, plaintiffs in an ongoing lawsuit challenging the U.S. government’s targeted efforts to obstruct asylum seekers filed a motion for preliminary injunction demanding timely bond hearings that comport with due process.
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.
February 19, 2019

Speaking from the Rose Garden on Friday, President Trump invoked the National Emergency Act after Congress refused to provide full funding for additions to the U.S.-Mexico border wall. By...

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 13, 2019

The Department of Homeland Security (DHS) and its component agency U.S. Immigration and Customs Enforcement (ICE) have a long-standing and poor track record when it comes to transparency and...

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

Speaking before Congress and the nation Tuesday evening, President Trump once again promised bipartisanship and instead delivered division. When it came to immigration, the president neither...

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