Immigration Benefits and Relief

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.

Justice Department’s Losing Battle Over Deportation Waivers for Permanent Residents

Justice Department’s Losing Battle Over Deportation Waivers for Permanent Residents

For more than five years, the Department of Justice (DOJ) has defended a policy that deprives long-term lawful permanent residents (LPRs) of the opportunity to apply for a waiver that would allow them to remain in the United States. The waiver—known as the 212(h) waiver (referring to section 212(h)… Read More

Petition Challenges DHS on Enforcement Priorities

Petition Challenges DHS on Enforcement Priorities

Last week, the National Day Laborer Organizing Network (NDLON) along with six individuals, submitted a formal request to the Department of Homeland Security asking the agency to temporarily suspend the deportation of low-priority undocumented workers and their families and grant them “deferred… Read More

What Does the Anti-Immigrant Movement Have Planned for the States in 2014?

What Does the Anti-Immigrant Movement Have Planned for the States in 2014?

As Congress continues their protracted debate on immigration reform, state governments are taking the lead on moving positive measures forward. Thus, anti-immigrant groups like the Federation for American Immigration Reform and Numbers USA  will be on the defensive in 2014, devoting time and resources towards preventing pro-immigrant state policies from taking root. They are certain to keep their eyes on the federal debate this year however, they have made public their intent to help repeal driver’s licenses for undocumented immigrants in Oregon, organize against the Maryland TRUST Act (they were behind efforts to stop Maryland’s DREAM Act in 2012), and work where they can to block Deferred Action for Childhood Arrivals (DACA) recipients from accessing driver’s licenses and higher education. Read More

Why Is There a Disparity in DACA Application Rates Among Different Nationalities?

Why Is There a Disparity in DACA Application Rates Among Different Nationalities?

A year and a half in, nationals from nearly every country have applied for Deferred Action for Childhood Arrivals (DACA), President Obama’s deportation reprieve program for certain undocumented immigrants brought to this country as children. Despite this diverse participation, nationals of some countries are dramatically underrepresented… Read More

Top Five Immigration Stories from 2013

Top Five Immigration Stories from 2013

From the beginning, it was clear that 2013 was going to be a big year for immigration. The results of the 2012 Presidential Election were widely interpreted as a rebuke to Mitt Romney’s enforcement-only “self-deportation” policy, and President Obama’s huge victory among minority communities was seen as a… Read More

Senate Confirms Mayorkas as DHS Deputy Secretary

Senate Confirms Mayorkas as DHS Deputy Secretary

Following the confirmation of Jeh Johnson as Department of Homeland Security (DHS) secretary on Monday, the Senate approved Alejandro Mayorkas as DHS deputy secretary on Friday by 54 to 41. Mayorkas has served as the director of United States Citizenship and Immigration Services since 2009. During his… Read More

Supreme Court Considers Restrictive Interpretation of Child Status Protection Act

Supreme Court Considers Restrictive Interpretation of Child Status Protection Act

Yesterday, the Supreme Court heard oral arguments in Mayorkas v. Cuellar de Osorio, a case challenging the government’s restrictive interpretation of the Child Status Protection Act (CSPA). The CSPA provides relief for the longstanding problem of children included on a parent’s visa application who “age out” –… Read More

Will New USCIS Memos Confuse House Judiciary Committee Again?

Will New USCIS Memos Confuse House Judiciary Committee Again?

One of the significant lessons of 2013 is that good immigration policy matters to the American public.  It’s unfortunate, then, that the House Judiciary Committee is choosing to end its year focusing not on immigration reform, but on how best to take the President to task for making use of executive authority. Read More

Will Filipinos Be Granted Temporary Protected Status in the Wake of Typhoon Haiyan?

Will Filipinos Be Granted Temporary Protected Status in the Wake of Typhoon Haiyan?

In the wake of the devastating Typhoon that hit the Philippines, the Department of Homeland Security should consider providing Temporary Protected Status (TPS) to Filipino nationals in the U.S.  TPS is an immigration status for nationals of certain countries.  The Secretary of Homeland Security designates a country for TPS due to ongoing armed conflict, an environmental disaster or epidemic, or for other “extraordinary and temporary conditions” within that country.  TPS gives foreign nationals in the United States protection from deportation, travel authorization, and the ability to work legally while in the United States.  As the name states, their status is temporary and does not lead to a green card.  Among others, Haiti, Syria, and Somalia are some of the countries currently designated with temporary protected status.  Only individuals who can demonstrate continuous physical presence during a period specified by the Department of Homeland Security (DHS) are eligible, as this program is designed for foreign nationals who were already in the United States. Read More

Understanding DACA’s Education Requirement

Understanding DACA’s Education Requirement

When the Deferred Action for Childhood Arrivals (DACA) program was first announced, it was clear that individuals would have to meet some sort of education requirement in order to obtain the program’s many benefits, including a two-year renewable reprieve from deportation, work authorization, a social security number, and—in nearly every state—the chance to apply for a driver’s license. What was unknown was how the immigration agency would address the question of individuals who were unable to finish high school. Would they be categorically excluded from DACA? Or would the agency provide an incentive for those folks to re-enroll in school? Fortunately, the government chose the latter. In doing so, it gave an estimated 400,000 people who met the DACA guidelines but didn’t finish high school a shot at getting DACA. Many of these individuals are thought to be among the 1.2 million who haven’t yet taken advantage of the program. Read More

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