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.
DHS Announces Expansion of Prosecutorial Discretion Guidelines
Washington D.C. – Today, the Department of Homeland Security (DHS) announced that it would put guidelines in place across all immigration agencies to ensure that its enforcement priorities are focused on removing persons who are most dangerous to the country. In a letter to Senator Dick Durbin (D-IL) and other… Read More
The Three- and Ten-Year Bars
This Fact Sheet provides background on the three- and ten-year bars and waivers, and explains the recent regulatory changes. Read More
The Morton Memo and Prosecutorial Discretion: An Overview
On June 17, 2011, Immigration and Customs Enforcement (ICE) Director John Morton issued two significant memoranda on the use of prosecutorial discretion in immigration matters. Prosecutorial discretion refers to the agency’s authority to not enforce immigration laws against certain individuals and groups. The primary memo (the Morton Memo on Prosecutorial Discretion) calls on ICE attorneys and employees to refrain from pursuing noncitizens with close family, educational, military, or other ties in the U.S. and instead spend the agency’s limited resources on persons who pose a serious threat to public safety or national security. Morton’s second memo focuses on exercising discretion in cases involving victims, witnesses to crimes, and plaintiffs in good faith civil rights lawsuits. The memo instructs “[a]bsent special circumstances or aggravating factors, it is against ICE policy to initiate removal proceedings against an individual known to be the immediate victim or witness to a crime.” A closer look at the Morton Memo on Prosecutorial Discretion reveals that it reaffirms many of the principles and policies of previous guidance on this subject. The memo, however, takes a further step in articulating the expectations for and responsibilities of ICE personnel when exercising their discretion. Read More
BIA Sets Favorable Precedent for Children of Fiancées (K-2 Visa Holders)
Washington, D.C.—The Legal Action Center of the American Immigration Council applauds the Board of Immigration Appeals (Board) for advancing family unity in its June 23, 2011 decision, Matter of Le. The Board’s long-awaited ruling favorably resolves the issue of whether the child of a fiancée of a… Read More
BIA Provides Important But Incomplete Guidance on Mental Competency Issues
Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) cautiously applauds last week’s decision of the Board of Immigration Appeals concerning the rights of immigrants with mental disabilities in removal proceedings. Echoing concerns expressed in amicus briefs filed by the LAC… Read More
Deportation in the Time of Cholera: DHS’s Mixed Response to Haiti’s Earthquake
The dramatic announcement on May 17, 2011 that the Department of Homeland Security (DHS) would extend Temporary Protected Status (TPS) for another eighteen months to Haitians, including those who entered the country no later than January 12, 2011, is a welcome step forward in the saga of the Haitian earthquake. The decision to extend and redesignate Haiti for TPS has been a long time coming and reflects more than a year of solid effort on the part of advocates and the Haitian community. In many ways, DHS’s handling of the devastating January 2010 earthquake in Haiti is emblematic of the triumphs and tribulations discussed in a recent report issued by the Immigration Policy Center, Second Annual DHS Progress Report: An Analysis of Immigration Policy in the Second Year of the Obama Administration. This critique found that the immigration agencies appear to be tackling issues affecting Haitians independently, failing to coordinate their enforcement and benefits-oriented policies. At times, critical information was disseminated in a limited and ad hoc fashion, generating confusion and unease about DHS policies. Observers have been left questioning how DHS’s priorities are ordered and whether they are integrated at the department level. DHS’s latest actions offer hope that a more coordinated, thoughtful, and humanitarian approach will prevail. Read More
DHS Extends Temporary Protected Status to Haitians
Washington D.C. – Today, the Department of Homeland Security (DHS) took an important step on behalf of Haitians affected by last year’s devastating earthquake, demonstrating the humanitarian side of its immigration responsibilities. Secretary Janet Napolitano announced that DHS would extend Temporary Protected Status (TPS) for an additional eighteen months… Read More
Dissecting the HALT Act: Last Safety Valves in Immigration System Under Attack
Washington D.C. – Tomorrow, Tuesday, July 26, the House Judiciary Subcommittee on Immigration Policy and Enforcement will hold a hearing on the “Hinder the Administration’s Legalization Temptation Act” (HALT Act), a bill that would suspend discretionary forms of immigration relief until January 21, 2013—the day after the next Presidential inauguration. Read More
Investing in the American DREAM
Each year, tens of thousands of undocumented immigrant students graduate from American high schools and embark on uncertain futures. Their inability to legally work and receive financial aid stalls, detours, and derails their educational and economic trajectories. Most importantly, at any time, they can be deported to countries they barely know. The Development, Relief, and Education for Alien Minors (DREAM) Act is a federal bill aimed at providing immigration relief to these young people. The passage of this bill would grant many undocumented youth access to legal residency and federal financial aid—thus removing legal and economic barriers to higher education and increasing their contributions to America and the likelihood of upward mobility. Read More
Restrictionist Group Continues Cynical Legacy of Counting Costs While Ignoring Benefits
In a new report, the Center for Immigration Studies (CIS) paints a misleading financial portrait of the DREAM Act. The report, entitled Estimating the Impact of the DREAM Act, claims that the bill would be a burden on U.S. taxpayers and would “crowd out” native-born students in the… Read More
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