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.
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
Crafting a Successful Legalization Program: Lessons From the Past
One of the themes that emerged from the Senate Judiciary Committee mark up of the 2013 Senate immigration bill was the necessity of avoiding the mistakes of the past. In the context of legalization for the 11 million unauthorized immigrants now in the United States, the argument is often made that the 1986 law wasn’t tough enough, and any new legalization program should have more requirements and restrictions. However, in my 39-year career with the Department of Homeland Security (DHS) and former Immigration and Naturalization Service (INS), and after years of studying implementation of the 1986 law, I’ve reached a different conclusion. A successful legalization program depends on simplicity and common sense. There are many lessons to be learned from the 1986 law about how to design a better legalization program. Fortunately, many of those lessons have been absorbed by the drafters of S. 744, the Border Security, Economic Opportunity and Immigration Modernization Act. Nonetheless, as the debate continues on this bill, it is important to reiterate the importance of good design and thoughtful implementation. That is what will ensure success and provide the country with a working immigration system. 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
Passport Pages Tell Our Tale
Today in the United States, Lesbian, Gay, Bisexual, and Transgender (LGBT) Americans who fall in love with and marry foreign nationals are being asked to choose between country and spouse, country and career, and country and family. I know this because I have spent the last several years in a battle with my own government to recognize my wife for immigration purposes. Trying to keep my marriage to a British national together has cost me my career and a full pension, time away from my American family and friends, as well as a great deal of stress over finances and my future. Gay Americans who are legally married in the U.S. have a marriage that is not recognized by the federal government. Therefore, the 28,500 same-sex binational couples in America, in which one spouse is an American citizen, are in a situation where they cannot sponsor their husbands and wives for immigration purposes. This also means they do not receive the 1,138 federal rights, benefits, protections, and obligations that automatically come with marriage and serve to protect and support families. Read More
Details Begin to Emerge on New Immigration Bill
Ahead of the expected release of a comprehensive immigration reform bill in the Senate this week, details were released outlining the broad strokes of the bill. The “Gang of Eight”—a bipartisan group of senators who have been working to develop the proposal—delayed a press conference that had been planned for today about the bill out of respect for the victims of the Boston Marathon bombing. The Senate group could announce the final measure tomorrow Read More
Agreement Reached in National Class Action Lawsuit on Work Authorization for Asylum Seekers
Washington D.C. – The Department of Justice and the Department of Homeland Security have agreed to settle a nationwide class action lawsuit challenging the denial of work authorization to asylum seekers who have been waiting six months or more for a decision on their asylum applications. If… Read More
Why Are Some Still UnDACAmented?
The latest USCIS DACA numbers from March show that the agency has received roughly 470,000 applications, which means that just under half of those estimated to be eligible have applied. While the success reflected by the 470,000 figure is not to be downplayed, the new numbers beg the question: What about the other half million? Why are they still unDACAmented? Read More
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