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.
Questions About Traveling Abroad Confront DACA Recipients
Getting approved under President Obama’s Deferred Action for Childhood Arrivals (DACA) program for DREAMers carries many benefits. DACA recipients get a renewable two-year reprieve from the threat of deportation, work authorization, the ability to receive a social security number, and, in all but two recalcitrant states where the issue is being litigated, a driver’s license. Importantly, DACA recipients can also apply for permission to travel abroad. This spring, the government issued welcome guidance regarding requests for permission to travel. Nonetheless, important questions and concerns about travel linger, including risks of traveling abroad even with permission. Read More
Why is the Obama Administration Arguing that Undocumented Immigrants Should Not Practice Law?
Today, the California Supreme Court will hear oral argument in a case that asks whether an undocumented immigrant may receive a license to practice law in California. The Committee of Bar Examiners – the entity charged with deciding who qualifies for a law license in California – supports admitting Sergio Garcia to the bar. So do some 48 organizations and 53 individuals who signed on to “friend of the court” briefs submitted to the California Supreme Court. Of the three opposing arguments filed, two came from individuals but the other came from an unexpected source: the Department of Justice. Not only did DOJ voluntarily weigh in with a hypertechnical argument that is tone deaf to the current debate over undocumented status in this country, but it took the same position in a Florida case involving a lawfully present and work-authorized recipient of Deferred Action for Childhood Arrivals (DACA), Jose Godinez-Samperio. Even if there was a good legal argument for opposing admission of an unauthorized immigrant to the bar, the rationale makes little sense in the context of an individual who is a DACA beneficiary. In both cases, however, the result DOJ seeks would lead to less socio-economic inclusion of the very immigrants the Obama administration seeks to protect. Read More
Positive Gains for DACA Recipients Seen at One-Year Anniversary
Today marks the first year anniversary of the implementation of the Deferred Action for Childhood Arrival (DACA) initiative and there are overwhelmingly positive outcomes to celebrate as well as important lessons to learn. According to the most recent statistics, USCIS has received 573,704 applications since the program was implemented a year ago. Of those, 430,236 have been approved. Submission and approval rates aside, the one year anniversary of the program also offers an opportunity to look back at DACA’s impact on the lives of the young people who received it. Read More
New “Pocket DACA” Mobile App Helps Young Immigrants Apply for Deferred Action
Washington, D.C. – The American Immigration Council, American Immigration Lawyers Association (AILA), the Immigration Advocates Network (IAN), and the Own the Dream campaign are proud to announce the launch of a new “Pocket DACA” app for smartphones and tablets that will help immigrants brought to this country as children understand… Read More
International Youth Day Highlights Children Impacted by Immigration
In 1999, the United Nations designated August 12 as International Youth Day in order to highlight children’s opportunities, challenges and contributions on the world stage. This year, the focus is on the migration of young people, in order to raise awareness of the positive contributions made by young immigrants as well as the many risks and dangers that children face whose migration is caused by war, poverty, persecution, or unjust migration policies. The United States has examples of both, including the numerous success stories of immigrants who came to the U.S. as children, as well as the accomplishments of many unauthorized DREAMers and DACA recipients. Unfortunately, this is also a day to point out the negative impact that current immigration policies have on some of the most vulnerable migrants. Read More
American Immigration Council Commends Decision Expanding Availability of Hardship Waivers to LPRs
The U.S. Court of Appeals for the Seventh Circuit issued a unanimous decision that will allow more lawful permanent residents (LPRs) to avoid deportation if their removal would result in extreme hardship to family members in the United States. The American Immigration… Read More
Anti-DACA Lawsuit Dismissed!
Crane v. Napolitano, the lawsuit brought by Kris Kobach on behalf of several ICE officers opposed to implementing the Deferred Action for Childhood Arrivals (“DACA”) program, was dismissed today on procedural grounds in a U.S. district court in Texas. The court held that the Civil Service Reform… Read More
American Immigration Council Applauds DOMA Decision
Washington D.C. – Today, the Supreme Court unequivocally affirmed that there is no legitimate reason for the federal government to discriminate against married couples on account of their sexual orientation. The Justices struck down section 3 of the Defense of Marriage Act (DOMA), which defines marriage as between a man… Read More
Happy Birthday DACA!
A year ago, President Obama announced the DACA program from the steps of the White House Rose Garden. The announcement marked a victory for thousands of undocumented immigrant youth whose courage and activism inspired the Administration to take action. Since that day, over half a million young immigrants have come forward under DACA to seek relief from deportation and to secure work authorization. Read More
States Move Forward To Allow Undocumented Immigrants To Drive Legally
In a stark change from the harmful measures that swept across states in previous years, 2013 has started out as a good year for immigration reform at the state level. Lawmakers continue to push for pro-immigrant policies to help immigrants already living in the U.S., while the Georgia legislature’s passage of an anti-immigrant bill stands out as an outlier instead of the norm. There have been resolutions endorsing the need for immigration reform and bipartisan support for allowing undocumented immigrants to pay in-state tuition at state colleges and universities. And in several states, lawmakers either have passed or are pushing for policy changes so that undocumented immigrants can apply for driver’s licenses. Read More
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