Immigration Reform
The last time Congress updated our legal immigration system was November 1990, one month before the World Wide Web went online. We are long overdue for comprehensive immigration reform.
Through immigration reform, we can provide noncitizens with a system of justice that provides due process of law and a meaningful opportunity to be heard. Because it can be a contentious and wide-ranging issue, we aim to provide advocates with facts and work to move bipartisan solutions forward. Read more about topics like legalization for undocumented immigrants and border security below.
Judge Hanen’s Recent Unwarranted Order in United States v. Texas
Last week, District Court Judge Andrew Hanen issued a highly extraordinary order telling the Department of Justice (DOJ) to turn over personal information of about 108,000 or so individuals who have received three-year reprieves from deportation and three-year work permits under the Deferred Action for Childhood Arrivals (DACA) initiative. This court order serves as yet another reminder that the suit brought by 26 states to block the implementation of expanded DACA and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) is highly politicized and unprecedented. Although there are reasons to believe that Judge Hanen’s order may be successfully appealed, it nonetheless is an unusual twist in a lawsuit that now is in the hands of eight Supreme Court Justices. Read More

Creating a Workable Future Flow Program in Senate Immigration Bill
Washington D.C. – Tomorrow, the Senate Judiciary Committee continues “mark-up” of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act. The Committee will take up amendments related to Title Four, which addresses the majority of non-immigrant, temporary visas including those for high and less skilled immigrant workers, entrepreneurship… Read More

What Are the Next Steps at the Supreme Court in U.S. v. Texas?
The oral arguments in U.S. v. Texas are now complete and dozens of news articles and analyses have attempted to predict what the Court will decide. However, all that truly matters is the final decision rendered by the eight sitting Justices. This begs the questions of when and… Read More

Understanding Justice Kennedy’s “Upside Down” Argument in U.S. v. Texas
On April 18, the United States Supreme Court heard oral arguments in United States v. Texas, a case brought by 26 states to challenge President Obama’s frozen deferred action programs, known as Deferred Action for Childhood Arrivals Plus (expanded DACA) and Deferred Action for Parents of Americans and… Read More

Digesting the Argument in U.S. v. Texas: What Is Lawful Presence and Why Does It Not Mean What It Sounds Like?
The oral argument in United States v. Texas shined a light on the confusion between the term “lawful presence” and what it means to have a legal immigration status in the United States. Early in the argument, Chief Justice Roberts noted that in its brief, the United States asserted… Read More

Supreme Court Considers President’s Executive Actions on Immigration While Thousands Rally Outside
The Supreme Court heard oral arguments in United States v. Texas. While lawyers presented their arguments before the eight Justices inside, on the outside families, advocates, immigrants, faith groups, and a wide range of civil rights and community organizations gathered to demonstrate support for the President’s initiatives. The… Read More

The American Immigration Council Welcomes Bi-Partisan Senate Immigration Bill
Washington D.C. – The American Immigration Council applauds the “Gang of Eight” Senators who have introduced the “Border Security, Economic Opportunity and Immigration Modernization Act.” The Senators and their staff have been working tirelessly, for months, to create a bi-partisan solution that attempts to fix our broken… Read More

Letter to DHS Secretary Janet Napolitano (submitted Feb. 9, 2012)
This sign-on letter expresses concerns about DHS’s implementation of the new prosecutorial discretion policy, including the agency’s failure to grant work authorization to those who receive a favorable exercise of discretion. The letter also makes recommendations to ensure that DHS fulfills its pledge to implement an effective and fair prosecutorial discretion policy nationwide. Read More

NIJC Recommendations Regarding Implementation of the Prosecutorial Discretion Initiative (submitted Sep. 30, 2011)
This letter to several Administration officials was submitted in response to the DHS/White House announcement on August 18, 2011 that it would form a “Prosecutorial Discretion Working Group” to review pending removal cases and identify low priority cases for administrative closure. The letter urges the government to address some of… Read More

Memorandum, “Executive Branch Authority Regarding Implementation of Immigration Laws and Policies” (April 29, 2011)
This memorandum, which was released by the American Immigration Council and co-signed by two general counsels of the former Immigration and Naturalization Service, offers an overview of the scope of executive branch authority and outlines specific steps the Administration could take to forestall removals in sympathetic cases. Read More
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