Immigration Benefits and Relief
The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation. The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements. Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible. Providing avenues for legal status, protection, and family reunification is vital to ensuring humanitarian protection for immigrants. We are leading policy changes that open more opportunities like asylum, visas for victims of crime or human trafficking, and relief for long-term residents. Explore the resources below to learn more.
Why Immigrants With Strong Ties to the US Should Be Allowed to Stay
This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election. The Biden administration will soon lead a vibrant nation of immigrants—a nation that includes millions of noncitizens with deep ties to the United States… Read More
Groups Sue Trump Administration Over Immigration Courts Fee Increases and Access to Justice
The American Immigration Council, the National Immigration Law Center and Gibson, Dunn & Crutcher filed a federal lawsuit challenging the Trump administration’s new rule that drastically increases fees across-the-board in immigration proceedings. Read More
Brief Comments Regarding DHS Proposed Rule on Employment Authorization for Certain Classes of Aliens With Final Orders of Removal, 85 Fed. Reg. 74,196 (November 19, 2020)
The American Immigration Council, the American Immigration Lawyers Association, and Immigrant Legal Defense submitted these comments relating to the Department of Homeland Security's proposed rule to restrict or prohibit work authorization for individuals with final orders of removal. Read More
TPS Extended Another 9 Months for Certain Countries, While Calls for Expanding Protection Increase
The Department of Homeland Security (DHS) issued an important announcement on December 9 about the Temporary Protective Status (TPS) designations for people from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. TPS recipients from these six countries received an additional nine-month permission to remain and work in the United… Read More
District Court Orders Immigration Agencies to Produce Immigration Case Files in First of Its Kind Class Action
Judge William H. Orrick granted summary judgment in favor of two nationwide classes suing DHS, USCIS, and ICE for failing to timely produce the class members’ immigration files (A-Files). The court ordered the agencies to clear their backlogs by responding to the more than 40,000 thousand cases outstanding within 60 days. Read More
A Judge Fully Reinstated DACA, but Dreamers Are Still in Danger
A federal judge in New York has overturned the Trump administration’s latest effort to limit the Deferred Action for Childhood Arrivals (DACA) initiative. DACA temporarily protects certain people without immigration status from deportation and provides them with a work permit. The Trump administration’s previous effort to end the initiative altogether… Read More
Who Is Alejandro Mayorkas? The New DHS Secretary Will Spearhead Biden’s Immigration Agenda
The incoming Biden-Harris administration has announced its choice for secretary of the Department of Homeland Security: Alejandro Mayorkas. If confirmed, Mayorkas will represent several historic firsts for the department—he will be the first Latino and immigrant to lead DHS. This is a significant departure from the… Read More
Federal Court Invalidates Changes to DACA Because Chad Wolf Was Unlawfully Appointed
A judge has ruled that recent changes to Deferred Action for Childhood Arrivals (DACA) that were a veiled attempt to gut the program are invalid because Chad Wolf—the acting secretary of the Department of Homeland Security (DHS)—was not lawfully appointed to his position. The federal judge’s decision may signal that… Read More
Court Protects Some TPS Holders’ Right to Apply for Green Cards
The U.S. Court of Appeals for the 8th Circuit ruled that certain people with Temporary Protected Status (TPS) can apply for green cards without leaving the United States. In Velazquez v. Barr, the Court held that receiving TPS is treated as an “inspection and admission” when someone applies for… Read More
Hundreds of Cubans Who Cannot Be Deported Face Prolonged Detention
As the COVID-19 pandemic continues to rage inside ICE detention centers, hundreds of Cubans who cannot be deported, continue to be detained by U.S. Immigration and Customs Enforcement (ICE). They have exhausted their options in their legal cases but remain detained months after a judge issued a final order of… Read More
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