Interior Enforcement

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May 17, 2019
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.
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...
May 19, 2017
The Trump administration’s approach will have devastating consequences for immigrant communities and will undermine, rather than improve, public safety.
May 9, 2017
Detained asylum seekers encounter numerous challenges, including the following problems detailed in this report.
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...

March 21, 2017
This fact sheet explains detainers, how they are used by federal and local enforcement, and the impact they have on immigrants.
March 15, 2017
Through the 287(g) program, state and local police officers collaborate with the federal government to enforce federal immigration laws.
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...

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.
March 7, 2018
This policy document describes the legal liabilities local governments face when they honor ICE requests, known as “detainers,” to hold individuals past the completion of their criminal custody until immigration agents take them into administrative custody.
March 27, 2017
This amicus brief arguing that any Fourth Amendment violation by state and local law enforcement officers — not just egregious Fourth Amendments violations — should require the suppression of evidence in immigration court proceedings, which is the same standard that applies in the criminal justice arena.
January 3, 2014
Long used in criminal trials, motions to suppress can lead to the exclusion of evidence obtained by the government in violation of the Fourth Amendment, Fifth Amendment, or related provisions of federal law. While the immediate purpose of filing a motion to suppress is to prevent the government from meeting its burden of proof, challenges to unlawfully obtained evidence can also deter future violations by law enforcement officers and thereby protect the rights of other noncitizens. The Supreme Court held in INS v. Lopez-Mendoza, 468 U.S. 1032 (1984), that motions to suppress evidence under the Fourth Amendment in immigration proceedings should be granted only for “egregious” violations or if violations became “widespread.” Despite this stringent standard, noncitizens have prevailed in many cases on motions to suppress.
Co-Plaintiffs American Immigration Council and AILA’s Connecticut chapter initially sought records related to the Criminal Alien Program (CAP) through a FOIA request to ICE in December 2011. When ICE refused to release responsive records, Plaintiffs filed suit under FOIA to compel their disclosure.
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
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 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.
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...

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.
April 10, 2019

Department of Homeland Security (DHS) Secretary Kirstjen Nielsen resigned from her position on Monday. She was reportedly forced from office after President Trump grew frustrated with the...

April 4, 2019

The scene outside a technology repair company in Allen, Texas on Wednesday was bleak. In the aftermath of an immigration raid, family members gathered to make phone calls, connect with attorneys,...

March 21, 2019

Immigrants with even minor, dated criminal convictions will now be placed in mandatory detention without the possibility of a bond hearing—even if they have already served their time and been...

March 12, 2019

After weeks of tense negotiations, Congress averted a second government shutdown last month by reaching a bipartisan agreement on the Fiscal Year (FY) 2019 budget—a budget which gave President...

March 1, 2019

  Contrary to President Trump’s claim that “large-scale unlawful migration” across the southern border constitutes a “national emergency” that requires building a wall, research suggests that...

February 22, 2019

Workers who were detained during the first large-scale workplace immigration raid under the Trump administration filed a class action lawsuit against the government on Thursday. The raid, which...

January 23, 2019

New estimates of the undocumented population in the United States confirm a trend that has been apparent for several years: the number of people who become undocumented each year by overstaying...

December 12, 2018

In its battle against undocumented immigration, the Trump administration appears to be focused on looking tough rather than addressing real problems. Judging from the latest official statistics on...

December 5, 2018

There is a lot that we don’t know about immigration detention. Although Immigration and Customs Enforcement (ICE) has been in the headlines more often than in past years, the network of facilities...

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...

March 29, 2018
The practice of detaining pregnant women is inhumane and unsafe.
January 12, 2018
The Immigration Justice Campaign (Justice Campaign), a joint initiative between the American Immigration Lawyers Association (AILA) and the American Immigration Council (Council), and the Rocky Mountain Immigrant Advocacy Network (RMIAN), located in Westminster, Colorado, announce their partnership to increase pro bono representation for individuals in immigration detention in Colorado.
October 8, 2017
The White House released its long anticipated, "Immigration Principles and Policies," which lay out many of the already-stated aspirations of the Trump administration on immigration. The laundry list represents a wholesale attack on immigration and immigrants. It includes not only limits on immigration generally, but enables mass deportations and envisions bypassing necessary procedures that protect children and asylum seekers.
June 28, 2017
A U.S. District Court condemned the federal government for continuing to disregard critical protections for children in detention.
June 19, 2017
The American Immigration Council and the American Immigration Lawyers Association (AILA) are responding to this representation crisis with an Immigration Justice Campaign, a new initiative to prepare more lawyers to be cutting-edge defenders of immigrants facing deportatio
October 5, 2016
In accordance with a settlement reached by the parties, a federal district court dismissed a class action lawsuit which challenged U.S. Customs and Border Protection’s (CBP) nationwide practice of failing to timely respond to requests for case information under the Freedom of Information Act (FOIA).
January 28, 2016

DILLEY, Texas  Seven women picked up and detained by Immigration and Customs Enforcement in early January in widely publicized raids have made a direct and personal plea to Pre

January 13, 2016

Washington D.C. – In the last week, 121 mothers and children were brought to the South Texas Residential Family Center in Dilley, Texas, after being rounded up by Immigration and Customs Enf

January 6, 2016

Washington D.C. – Last night, the CARA Family Detention Pro Bono Project succeeded in halting the deportation of four Central American families apprehen

January 6, 2016

Washington, D.C. - Today, the American Immigration Council and the American Immigration Lawyers Association 

May 17, 2019
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.
April 10, 2019

Department of Homeland Security (DHS) Secretary Kirstjen Nielsen resigned from her position on Monday. She was reportedly forced from office after President Trump grew frustrated with the...

April 4, 2019

The scene outside a technology repair company in Allen, Texas on Wednesday was bleak. In the aftermath of an immigration raid, family members gathered to make phone calls, connect with attorneys,...

March 21, 2019

Immigrants with even minor, dated criminal convictions will now be placed in mandatory detention without the possibility of a bond hearing—even if they have already served their time and been...

March 12, 2019

After weeks of tense negotiations, Congress averted a second government shutdown last month by reaching a bipartisan agreement on the Fiscal Year (FY) 2019 budget—a budget which gave President...

March 1, 2019

  Contrary to President Trump’s claim that “large-scale unlawful migration” across the southern border constitutes a “national emergency” that requires building a wall, research suggests that...

February 22, 2019

Workers who were detained during the first large-scale workplace immigration raid under the Trump administration filed a class action lawsuit against the government on Thursday. The raid, which...

January 23, 2019

New estimates of the undocumented population in the United States confirm a trend that has been apparent for several years: the number of people who become undocumented each year by overstaying...

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...

December 12, 2018

In its battle against undocumented immigration, the Trump administration appears to be focused on looking tough rather than addressing real problems. Judging from the latest official statistics on...

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