Is being an undocumented immigrant a crime?
Being present in the without lawful immigration status is, in most cases, a civil violation subject to —not a standalone criminal offense—and U.S. law and courts distinguish “unlawful presence” from c...
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The ongoing legal debate over the limits of U.S. immigration enforcement, including the role of courts and advocates
Being present in the without lawful immigration status is, in most cases, a civil violation subject to —not a standalone criminal offense—and U.S. law and courts distinguish “unlawful presence” from c...
A “sanctuary state” is not defined in federal law, and state or local policies that limit cooperation with federal immigration enforcement sit in a contested but established legal space: generally per...
detainers are administrative requests—commonly Form I‑247—that ask local jails to notify ICE of an inmate’s release and/or hold the person up to 48 extra hours so ICE can assume custody . Many localit...
DuckDuckGo publicly positions itself as a company that has little or no user-search data to hand over and therefore does not receive ordinary search-related law enforcement requests, a stance repeated...
died on May 25, 2020, after a police officer, , knelt on his neck for more than nine minutes while Floyd was restrained and bystanders recorded him pleading that he could not breathe; two autopsies an...
ICE detainers are administrative requests—typically the I-247 form—asking state or local jails to hold an individual for up to 48 hours beyond the time they would otherwise be released so ICE can tran...
significantly increased the use of expedited, nonjudicial removals—especially at the border—while pairing that operational expansion with internal enforcement-priority memos that aimed to concentrate ...
and have distinct statutory roles: CBP focuses on at ports of entry and along the border, while ICE is charged with interior investigations, detention, and removals . In practice those boundaries blur...
Counting "" as formal removals versus counting the broader set of returns and expulsions produces dramatically different headline totals and public impressions, because removals carry legal orders and...
The principal Supreme Court decision that governs pretextual traffic stops is Whren v. United States, which holds that an officer’s subjective motivation is irrelevant so long as there is an objective...
The governing Supreme Court precedents are the anti‑commandeering line—principally New York v. United States and Printz v. United States—and more recent applications like Murphy v. NCAA that limit Con...
Enforcement priorities from the federal executive have repeatedly reshaped whether and how local police cooperate with ICE: when Washington prioritized interior removals, it pressured—and sometimes su...
Federal and state courts have carved a complex, often contradictory path: they have repeatedly recognized that states and localities may refuse to assist immigration enforcement and can regulate how f...
Federal courts have repeatedly held that the Agreement (FSA), a 1997 consent decree arising from , imposes binding protections for minors in immigration custody and — as later courts interpreted it — ...
Immigration and Customs Enforcement (ICE) can stop, question, detain and arrest people in vehicles when agents have reasonable suspicion or probable cause to believe an immigration law has been violat...
The legal basis for immigration enforcement rests primarily on federal statutes—the Immigration and Nationality Act (INA) and implementing regulations—and the executive branch’s duty to “faithfully ex...