Index/Topics/Legal challenges to U.S. immigration policy

Legal challenges to U.S. immigration policy

The ongoing legal debate over the limits of U.S. immigration enforcement, including the role of courts and advocates

Fact-Checks

16 results
Jan 22, 2026
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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...

Jan 11, 2026
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Is a sanctuary state legal?

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...

Jan 27, 2026
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How do ICE detainers work and why do some local jails refuse them?

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...

Jan 11, 2026

Are there public examples of DuckDuckGo rejecting law enforcement requests?

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...

Jan 26, 2026

george floyd’s death

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...

Jan 17, 2026

How do ICE detainers work and what are the constitutional limits on local compliance?

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...

Jan 22, 2026

What expedited removal policies did the Obama administration implement for deportations?

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 ...

Jan 31, 2026

How do CBP and ICE statutory authorities differ in practice for interior immigration enforcement?

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...

Jan 21, 2026

How do deportation counting methods (removals vs. returns) change public understanding of enforcement scale?

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...

Jan 15, 2026

What Supreme Court decisions govern pretextual traffic stops and their interaction with immigration enforcement?

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...

Jan 15, 2026

What Supreme Court precedents govern state refusal to enforce federal law, and how do they apply to sanctuary policies?

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...

Jan 14, 2026

How did enforcement priorities affect local law‑enforcement cooperation and sanctuary city policies under each administration?

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...

Feb 5, 2026

What have courts ruled about local governments' authority to police or prosecute federal immigration agents for alleged misconduct?

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...

Feb 4, 2026

How did federal courts rule on Obama-era family detention policies and the Flores Agreement?

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 — ...

Jan 11, 2026

When can ice stop a car regarding immigration

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...

Jan 9, 2026

What is the legal basis for immigration law enforcement, and is Trump's deployment of ICE, per say, legal?

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...