Featured Issue: Demanding an End to ICE and Border Patrol Killings, Violence, and Unlawful Actions
ICE, Border Patrol, and other federal agencies continue to conduct unlawful and often violent arrests and detentions, resulting in serious abuses of immigrants and U.S. citizens' rights, injuries, and multiple deaths. Despite growing public opposition, Congress still has not taken meaningful steps to stop these ongoing unlawful practices. Instead, in the last year, Congress has given DHS nearly $250 billion for immigration enforcement—an outrageous sum that could have helped struggling Americans meet basic needs amid the current affordability crisis. AILA opposed this excessive funding bill.
Americans want safety and order—not unchecked violence and lawlessness.
AILA demands accountability and reforms to ensure the nation’s immigration agencies operate in a fair, lawful, and humane manner and bring order and safety to American communities. Read AILA’s recommended reforms: A Better Way on Immigration.
Poll after poll shows Americans want to restore public safety to their communities by reining in these out-of-control agencies. Contrary to the Administration’s claims, the vast majority of people in ICE detention have never been convicted of a crime. Under the current Administration, ICE and Border Patrol agents have shot more than 21 people, killing 11. More than 50 people have died in ICE custody. ICE has also wrongfully detained more than 170 U.S. citizens and held people illegally in over 4,400 cases.
Congress should focus on affordability—not mass deportations.
The nation’s leadership should be spending taxpayer dollars to address the rising costs for food, housing, health care, and other basic needs. $250 billion for the mass deportation agenda is a waste of government resources and is also making life harder for Americans, including causing U.S.-born workers to lose jobs.
Enforcement dominates the Administration’s immigration agenda.
In its pursuit of mass deportations, the Administration has compromised the ability of USCIS and EOIR to ensure fair immigration decisions. Increasingly, judges and officers are dispensing with due process to detain people and accelerate removal proceedings. Rather than encouraging individuals to seek lawful immigration status, the Administration’s enforcement campaign instills fear in those who seek to follow our laws.
America needs a Better Way on Immigration.
Congress must restore public trust by creating an independent oversight body and enacting enforceable guardrails on DHS. AILA’s proposes codifying safe and humane enforcement standards, including requiring warrants for ICE arrests; prohibiting enforcement at schools, hospitals, and places of worship; and imposing real consequences when officers violate the law. For a full set of solutions, read AILA’s proposal: A Better Way on Immigration.
Key Resources
Browse the Featured Issue: Demanding an End to ICE and Border Patrol Killings, Violence, and Unlawful Actions collection
Practice Alert: Members reporting increased ICE arrests for people on ATD monitoring
Reports show ICE is arresting ATD individuals at ISAP/ICE check-ins nationwide.
CBP, ICE, and USCIS to Ramp Up Enforcement Actions on Visa Overstays
USCIS announced that at the direction of DHS Secretary, CBP, ICE, and USCIS are ramping up review of immigration records and will take immediate action to enforce visa overstays.
Call for Examples: ICE Arrests at Immigration Courts
AILA members recently reported widespread instances of ICE Enforcement and ERO agents appearing at immigration courts to detain individuals. AILA released a policy brief summarizing the reports. To better understand the details, please complete this survey if your client was arrested at EOIR.
DHS Announces Revamping of ICE Tip Line
DHS announced that DHS Secretary Noem will provide more resources and personnel to the ICE tip line used to report “suspicious criminal activity” by undocumented people.
Know Before You Go: Immigration Court Hearings and ICE Arrests
AILA provides a flyer to alert your clients of ICE arrests outside of immigration courthouses with information they should know before going to immigration court. The flyer is available as a generic PDF version as well as a Word version you can customize with your firm's information. Please share.
ICE Directive: 11072.4 Civil Immigration Enforcement Actions In or Near Courthouses
ICE memo regarding ICE civil immigration enforcement actions in or near courthouses. It outlines which noncitizens are generally subject to such actions, procedures, and responsibilities. It also notes that ICE officers should generally avoid enforcement near non-criminal or specialized courts.
Practice Alert: ICE Arrests at USCIS Interviews
AILA reports a rise in ICE arrests at USCIS interviews and check-ins nationwide, targeting individuals with prior removal orders, criminal history, or suspected fraud. Members are urged to prepare clients and report incidents to AILA’s liaison committee.
DHS Issues Reminder of Guidelines for ICE Facility Visits for Members of Congress
DHS issued a press release reiterating ICE’s facility visitation guidelines for members of Congress and their staff.
Practice Alert: OPLA to Begin Filing Motions to Reopen Administratively Closed Cases
AILA received reports that ICE OPLA will begin filing motions to recalendar in all cases that were previously administratively closed.
DHS Announces Travel Assistance and Stipend for Voluntary Self-Deportation
DHS announced that undocumented immigrants can receive financial and travel assistance to facilitate travel back to their home country through the CBP Home App, and can also receive a stipend of $1,000 dollars paid after their return to their home country has been confirmed through the app.
DHS Delegates Enforcement Authority to USCIS Director
DHS delegation of authority (DHS Delegation 15006) to the USCIS Director to order expedited removal, issue orders of arrest and removal, and detain noncitizens, superseding part of Delegation 0150.1, issued 6/5/03. Thank you to ASAP for sharing this memo after obtaining it via FOIA lawsuit.
Policy Brief: Immigration Enforcement Actions Against International Students
This policy brief explains how student visas differ from other nonimmigrant visa types, explores the legal pathways to revoking and terminating a student visa, and explains the due process protections that are available.
Help! ICE At My Office Asking About a Client
Have questions about what to do if ICE shows up at your office? This practice success tip explores how to respond.
Call for Examples: ICE/HSI Worksite Enforcement Encounters
AILA's Verification and Documentation Committee seeks to obtain a better understanding of ICE/HSI’s ongoing worksite enforcement activities in order to assists members better inform employer clients about such encounters.
Know Your Rights: If ICE Stops You in Public
This flyer outlines essential information for clients about their constitutional rights in the U.S. If ICE agents stop you in public, it's crucial to understand your rights. You have the right to remain silent, decline to show id, and request legal representation before signing any documents.
EOIR Rescinds and Cancels OPPM on Enforcement Actions in or near OCIJ Space
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-06, “Cancellation of Operating Policies and Procedures Memorandum 23-01,” which rescinds and cancels the 12/11/23 OPPM providing guidance on DHS enforcement actions in or near Office of the Chief Immigration Judge (OCIJ) space.
ICE Issues Memo Providing Interim Guidance on Civil Immigration Enforcement Actions in or near Courthouses
Acting ICE Director Caleb Vitello issued a memo (ICE Directive 11072.3) providing interim guidance on civil immigration enforcement actions in or near courthouses. The guidance is effective immediately and remains in effect until superseded.