Border Enforcement

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All Border Enforcement Content

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.
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:...

The requests ask for policies, guidelines, or procedures followed or used by the governmental agencies to address the processing and treatment of families at the U.S.-Mexico border and specifically, the separation of adult family members from minor children and the criminal prosecution of adult family members.
December 11, 2017
The practice of dividing families raises Constitutional due process concerns under the Fifth Amendment, violates United States’ obligations under international law, and contravenes voluminous evidence maintaining that family separation is not in the best interest of the child.
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.
November 16, 2018

Ronald Vitiello, President Trump’s nominee to head Immigration and Customs Enforcement (ICE), had a nomination hearing in front of the Senate Homeland Security and Government Affairs Committee on...

November 2, 2018

On Thursday, President Donald Trump declared his administration would be taking drastic steps to prevent asylum seekers from coming to the United States. In a rambling speech filled with false and...

October 23, 2018

Just two weeks ahead of the midterm elections, much attention is being placed on a migrant caravan of Central Americans making their way north through Mexico. Now reported to include more than 7,...

October 22, 2018

The horrifying and tragic legacy of the Trump administration’s family separation policy—which allegedly ended by executive order in June this summer—is far from over. Even with many children still...

October 19, 2018

  When you think of a national border, you probably think of a defined edge—a place where one country ends and another begins. However, when it comes to federal immigration operations, the border...

October 18, 2018

Thousands of migrants—many of whom are mothers, fathers, and children fleeing their homes in violence-stricken areas of Central America—are traveling to the U.S.-Mexico border as part of an...

October 16, 2018

Eight new asylum seekers joined a lawsuit last week that challenges U.S. Customs and Border Protection (CBP) officials’ widespread and well-documented practice of turning back asylum seekers at U....

October 11, 2018

Senators grilled Department of Homeland Security (DHS) Secretary Kirstjen Nielsen about the Trump administration’s harsh immigration policies, including its practice of detaining migrant children...

September 25, 2018

The Trump administration is holding a record level of 13,300 migrant children in its custody, forcing the government to shift hundreds of millions of dollars to ensure there is enough money and...

September 19, 2018

For the second time this year, a Border Patrol agent has been charged with murdering multiple people in Texas. Both agents were hired nearly a decade ago amidst a surge in staffing that backfired...

November 8, 2018
WASHINGTON — 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.
June 27, 2018
The lawsuit asks the court to compel the agencies to produce family separation documents in response to FOIA requests submitted in April.
June 20, 2018
President Donald Trump signed an executive order today to try to stem criticism of his family separation policy. He has offered an unacceptable alternative: imprisoning mothers and fathers with their children.
June 7, 2018
José Crespo Cagnant filed a lawsuit to hold the government accountable for abusive, unlawful conduct and depriving him of an opportunity to apply for asylum.
November 16, 2018

Ronald Vitiello, President Trump’s nominee to head Immigration and Customs Enforcement (ICE), had a nomination hearing in front of the Senate Homeland Security and Government Affairs Committee on...

November 8, 2018
WASHINGTON — 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.
November 2, 2018

On Thursday, President Donald Trump declared his administration would be taking drastic steps to prevent asylum seekers from coming to the United States. In a rambling speech filled with false and...

October 23, 2018

Just two weeks ahead of the midterm elections, much attention is being placed on a migrant caravan of Central Americans making their way north through Mexico. Now reported to include more than 7,...

October 22, 2018

The horrifying and tragic legacy of the Trump administration’s family separation policy—which allegedly ended by executive order in June this summer—is far from over. Even with many children still...

October 19, 2018

  When you think of a national border, you probably think of a defined edge—a place where one country ends and another begins. However, when it comes to federal immigration operations, the border...

October 18, 2018

Thousands of migrants—many of whom are mothers, fathers, and children fleeing their homes in violence-stricken areas of Central America—are traveling to the U.S.-Mexico border as part of an...

October 16, 2018

Eight new asylum seekers joined a lawsuit last week that challenges U.S. Customs and Border Protection (CBP) officials’ widespread and well-documented practice of turning back asylum seekers at U....

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
October 11, 2018

Senators grilled Department of Homeland Security (DHS) Secretary Kirstjen Nielsen about the Trump administration’s harsh immigration policies, including its practice of detaining migrant children...

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