Advocacy

Most Recent Advocacy

  • Comments

Comments Recommend USCIS Clarify FOIA Request Process

May 5, 2022
The Council submitted comments on USCIS suggested changes to Form G-639 and Instructions. The G-639 Form and Instructions are used to submit FOIA requests to USCIS by mail.
  • Comments

Council and Partners Submit Comment on Department of Education's Proposed Integrated Postsecondary Education Data System Guidance

April 26, 2022
The Council and 29 other organizations submitted a comment to the Department of Education in response to a notice in the federal register detailing proposed changes to how institutions of higher...
  • Complaints

Council Files Complaint Against ICE for Racial Discrimination and Excessive Use of Force in Colorado Facility

March 24, 2022
The American Immigration Council filed a complaint with the Department of Homeland Security's oversight bodies urging an investigation into racial discrimination and excessive use of force at the...
  • Letters

Coalition Calls on Biden Administration to Rescind Rule that Would Bar Asylum Seekers Under the Pretenses of Public Health

February 28, 2022
The Council joined 134 other organizations in a letter calling on U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review to rescind the “Security Bars and...
  • Letters

Coalition Urges Biden Administration to Designate Temporary Protected Status to Ukraine

February 25, 2022
The American Immigration Council joined 177 organizations to request an immediate 18-month designation of Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) and Special Student...
  • Letters

Coalition Calls on Biden Administration to Create Afghan Parole Program

February 15, 2022
The American Immigration Council joined over 200 organizations in calling on the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services to create a designated parole...
  • Complaints

Council Files Complaint Against ICE for Medical Neglect of People Sick With COVID-19 in Colorado Facility

February 11, 2022
The American Immigration Council filed a complaint with the Department of Homeland Security's oversight bodies urging an investigation into a COVID-19 outbreak—including threats of retaliation...
  • Letters

Coalition Asks Inspectors General to Review Implementation of Biden Executive Order Against Private Prisons

February 9, 2022
The Council joined other organizations in calling for the Department of Justice (DOJ) and Department of Homeland Security (DHS) Offices of the Inspectors General to formally review the implementation...
  • Letters

Coalition Letter Calling for Implementation of the Emergency Stopgap USCIS Stabilization Act provisions

December 16, 2021
The American Immigration Council and 13 other organizations urged USCIS to expand premium processing to ensure the agency remains solvent while efficiently and effectively adjudicating all...
  • Letters

Coalition Letter Calling on the Biden Administration to End MPP and Title 42

December 17, 2021
The Council condemned the Biden administration's expansion of MPP and continued use of Title 42 to turn away asylum seekers at the border.
  • Comments

Council and AILA Submit Comment Supporting DACA Regulation with Certain Modifications

November 22, 2021
The Council and AILA submitted comments in support of a proposed rule for incorporating Deferred Action for Childhood Arrivals (DACA) DACA into regulation.
  • Complaints

Council and Partners File Oversight Complaint on Violations of Due Process and Inhumane Conditions at Torrance County Detention Facility

November 23, 2021

The American Immigration Council, American Immigration Lawyers Association (AILA), ACLU of New Mexico, Innovation Law Lab, and the National Immigration Project of the National Lawyers Guild filed...

  • Comments

Council and AILA Submit Comments Regarding CBP Collection of Information at Land Borders

November 29, 2021
The Council and AILA summited comments on a DHS and CBP information collection request for the processing of undocumented immigrants at ports of entry at land borders, but the organizations remain...
  • Letters

Coalition calls on Congress to Fund Appointed Counsel in Immigration Proceedings

November 18, 2021
The American Immigration Council joined a coalition letter asking Congress to support funding for appointed counsel for immigration proceedings for Fiscal Year 2022.
  • Letters

Coalition Effort Calls for Fair and Efficient Work Permit Process for Asylum Seekers

November 17, 2021
The Council joined 74 other organizations in a letter calling for DHS to eliminate restrictions on work authorization for asylum seekers.
council_and_partners_call_ice_ensure_due_process_operation_horizon_thumbnail.png
  • Letters

Council and Partners Call on ICE to Ensure Due Process in Operation Horizon

November 5, 2021
The Council sent a letter to ICE expressing concerns about "Operation Horizon"—ICE's plan to mail Notices to Appear to individuals released from the border— which could lead to a significant number...
coalition_effort_advocates_inclusion_visa_related_provisions_budget_reconciliation_thumbnail
  • Letters

Coalition Effort Advocates for the Inclusion of Visa-Related Provisions in Budget Reconciliation

November 2, 2021
The Council joined 89 other organizations in a letter calling for Congress to include visa-related provisions in the budget reconciliation.
  • Letters

Council Advocates for Meaningful Access to Legal Representation in Immigration Detention

October 29, 2021
The American Immigration Council and the American Civil Liberties Union (ACLU) advocated for attorney access in immigration detention facilities in a letter sent a letter to DHS and ICE.
  • Letters

Council and Partners Call on ICE and USCIS to Eliminate Delays for Detained Asylum Seekers

October 20, 2021
The Council and partners urged ICE and USCIS in a letter to ensure timely credible and reasonable fear interviews at U.S. immigration detention centers.
  • Comments

Council and Partners Comment on Changes to Streamlined Asylum Removal Proceedings

October 19, 2021
The Council, AILA, and the Immigration Justice Campaign commented on the proposed creation of “Dedicated Docket” in immigration court to complete the claims of asylum-seeking families within 300 days...
  • Letters

Council and Partners Offer Guidance to DHS on Terminating the Migrant Protection Protocols

October 14, 2021
The Council and 30 other organizations sent a letter to DHS offering an assessment of the factual and legal bases for terminating the Migrant Protection Protocols (MPP) program.
  • Letters

Coalition Letter Calls on Biden Administration to End Private and Local Detention Contracts and Take Steps to Dismantle Detention System

October 11, 2021
The American Immigration Council joins a coalition letter that calls on the Biden administration to terminate local detention contracts and halt all other efforts to expand the ICE detention system...
  • Letters

Council and AILA Follow Up with DHS Regarding a Functioning System of Discretionary Release from ICE Detention

October 5, 2021
The Council and AILA, through their Immigration Justice Campaign followed up on their March 25, 2021 letter to the DHS and ICE with examples of unfair denials of requests for release at ICE...
  • Letters

Coalition Letter Urges Biden Administration to Uphold Commitment to Create a Humane Immigration System

September 22, 2021

The American Immigration Council joined 38 other civil rights organizations in urging President Biden to live up to his administration’s commitment to a...

  • Letters

Coalition Letter Urges DHS to Issue a New Policy Memo to End "Remain in Mexico" Program

August 30, 2021
The Council signed on to a coalition letter urging DHS to issue a new policy memo providing a fuller explanation for the decision to terminate the Migrant Protection Protocols program, to comply with...
  • Advocacy

Coalition Outlines Immigration Priorities for a Just Budget in Fiscal Year 2023

August 17, 2021
The Council and more than 130 organizations urged the Biden administration to redirect government funding for fiscal year 2023 away from draconian enforcement measures and invest in legal services...
  • Letters

Council Calls on Biden Administration to Block the Return of MPP

August 16, 2021
The Council led more than 100 other organizations in a letter urging the Biden administration to do everything in its power to prevent the return of the Migrant Protection Protocols (MPP), which was...
  • Letters

Council Urges Biden Administration to Ensure All Immigrant Visas are Processed

July 21, 2021
The Council led a letter urging the Biden administration to ensure that all immigrant visas are processed up to the numerical limits by September 30, 2021 to avoid the loss of visas and further...
  • Letters

Coalition Letter Expresses Concerns About the Housing of Support Services Within ICE

July 16, 2021
The Council responded to ICE's Request for Information for a National Case Management Program, expressing concern that ICE's management of the program would be a conflict of interest.
  • Letters

Council Joins Coalition Letter Expressing Concern Over ICE Family Custody Programs

June 21, 2021
The Council joined over 120 organizations in a letter to DHS and ICE calling on the Biden administration to move away from using contractors to hold families in ICE custody, and asks the...
  • Letters

Coalition Letter Urges Immediate End to Title 42 Expulsions and Other Deterrence Strategies Against Asylum Seekers

June 30, 2021
The American Immigration Council joined a coalition of 105 organizations in expressing alarm over reports that the Biden administration may continue the harmful and unnecessary Title 42...
  • Advocacy

Statement for the House Judiciary Immigration Subcommittee on "How Outdated U.S. Immigration Policies Push Top Talent to Other Countries"

June 24, 2021
This written statement submitted by the Council to Congress shares our analysis of the archaic U.S. immigration policies which are making the United States a less attractive destination for highly...
  • Letters

Council Urges DHS to Establish a Functioning System of Discretionary Review from ICE Detention

March 25, 2021
The Council and AILA sent a letter to DHS Secretary Alejandro Mayorkas urging the need for a functioning system of discretionary release within U.S. Customs and Immigration Enforcement (ICE).
  • Letters

Coalition Letter Urges Biden Administration to End Migrant Protection Protocols

May 18, 2021
The Council urged the Biden administration to improve MPP wind down processing and toy move ahead with a second phase to include all individuals subjected to MPP.
  • Letters

Request to Repeal EOIR Rule Imposing Immigration Fee Increases

May 21, 2021

The American Immigration Council and over 150 organizations supporting people in proceedings before the Immigration Courts or the Board of Immigration Appeals (BIA) sent a letter to the Executive...

  • Letters

Council and Broad Coalition Urge Department of Homeland Security to Withdraw Records Destruction Plans

May 3, 2021
In this letter, the Council and a diverse coalition call on the Biden administration to stop and reevaluate plans to destroy immigration agency records documenting abuse and misconduct.
  • Letters

Coalition Letter Calling for Phase-Out of Detention, Beginning with Ten Facilities

April 2, 2021
The American Immigration Council joined other organizations in calling on the Biden administration to phase-out immigration detention, beginning with the closure of ten specific facilities.
  • Letters

Follow-up Coalition Letter Urges Reconsideration of Custody Determination for Every Person in ICE Custody

March 29, 2021
The American Immigration Council joined over 150 other organizations in urging the Biden administration to prioritize the implementation of a file review process, initiated by ICE, to reconsider the...
  • Letters

Coalition Letter Urging USCIS to Implement Emergency Stopgap USCIS Stabilization Act

March 9, 2021
The American Immigration Council joined other organizations in urging U.S. Citizenship and Immigration Services to fully implement the provisions of the Emergency Stopgap USCIS Stabilization Act,...
  • Letters

Coalition Letter to Congress Urges Amending of Criminal Bars to Legalization in H.R. 6, the Dream and Promise Act of 2019

February 8, 2021
The American Immigration Council urged Members of Congress to amend the criminal bars to legalization in H.R. 6, the Dream and Promise Act of 2019, to ensure a more inclusive bill.
  • Letters

Coalition Letter to President Biden on Immigration Executive Orders

February 9, 2021
The American Immigration Council urged President Biden to end the illegal and inhumane asylum and border policies implemented by the Trump administration.
  • Letters

Letter to DHS Secretary Mayorkas Opposes Use of Expedited Removal Process for Asylum Seekers at the Border

February 16, 2021
The American Immigration Council urged DHS Secretary Alejandro Mayorkas to reject the use of expedited removal and immigration detention of asylum seekers.
  • Letters

Coalition Letter on Continued Issues in Immigration Courts During COVID-19 Pandemic

February 1, 2021
The American Immigration Council urged the Biden administration to address the ongoing impact of the COVID-19 pandemic on immigration courts that continue to place everyone's health at risk during...
  • Letters

Coalition Letter to President Biden on Justice Department Reform of Immigration Courts and Enforcement Priorities

February 1, 2021
The American Immigration Council joined AILA and other organizations in calling for vital reforms to ensure fairness and integrity in the immigration courts and the enforcement system.
  • Letters

Coalition Letter Urges Reconsideration of Custody Determination for Every Person in ICE Custody

February 11, 2021
The American Immigration Council, National Immigrant Justice Center, and over 120 coalition partners called on the Biden-Harris administration to conduct a review of all cases for individuals...
  • Letters

Coalition Letter to DHS Secretary Mayorkas Supporting the International Entrepreneur Rule

February 5, 2021
The American Immigration Council joined the National Venture Capital Association (NVCA) and other organizations in showing Secretary Mayorkas that there is strong support for the International...
  • Letters

Coalition Letter on COVID-19 to Domestic Policy Council and Executive Office of Immigration Review

February 1, 2021
The American Immigration Council, sent a letter to the White House Domestic Policy Council and the Executive Office for Immigration Review (EOIR) letter raising major concerns about the ICE and EOIR...
  • Comments

Comments Filed to Oppose Serious Flaws in Proposed Motion to Reopen Rule

December 28, 2020

The American Immigration Council and the American Immigration Lawyers Association filed comments to address the serious flaws in the Department of Justice's proposed changes to regulations...

  • Comments

Comment on CBP Proposed Rule To Drastically Expand the Use of Facial Recognition Technology

December 21, 2020
The Proposed Rule would drastically expand the use of unproven facial recognition technology at ports of entry throughout the United States.
  • Comments

Brief Comments Regarding DHS Proposed Rule on Employment Authorization for Certain Classes of Aliens With Final Orders of Removal, 85 Fed. Reg. 74,196 (November 19, 2020)

December 21, 2020
The American Immigration Council, the American Immigration Lawyers Association, and Immigrant Legal Defense submitted these comments relating to the Department of Homeland Security's proposed rule...
  • Comments

Comment in Opposition to Executive Office for Immigration Review Rule "Good Cause for Continuances"

December 21, 2020

The American Immigration Council and the American Immigration Lawyers Association submitted the following comments in response to the Executive Office for Immigration Review proposed rule,...

  • Comments

Comments Filed To Address Substantive Flaws in Proposed H-1B Regulatory Changes

December 9, 2020

The American Immigration Council and the American Immigration Lawyers Association filed comments to address the substantive flaws in the Department of...

  • Letters

Letter Opposing the Department of Labor’s High-Skilled Wage Rule

November 10, 2020
The letter explains why the Interim Final Rule does not protect U.S. workers and directly interferes with an employer’s ability to obtain the H-1B workers it needs and outlines six reasons why the Interim Final Rule should be rescinded.
  • Advocacy

Comment on DHS Proposed Rule to Drastically Expand the Definition and Collection of Biometrics

October 13, 2020
The American Immigration Council, the Immigration Defense Clinic at Colorado Law, and the American Immigration Lawyers Association, submitted a comment in opposition to the Department of Homeland Security proposed rule on the "Collection and Use of Biometrics by U.S. Citizenship and Immigration Services."
  • Advocacy

Summary of Proposed Changes to Student and Exchange Visitor Admissions Process by DHS

October 6, 2020

This document provides a summary of the Department of Homeland Security's September 25, 2020, Proposed Rule, "...

  • Advocacy

Comment on Executive Office for Immigration Review Proposed Rule Regarding Appeal Procedures and Administrative Closure

September 25, 2020

The American Immigration Council and the American Immigration Lawyers Association, through their joint initiative, the Immigration Justice Campaign, submitted this comment in opposition to...

  • Advocacy

Comments on U.S. Customs and Border Protection Records Destruction Schedule

September 30, 2020

U.S. Customs and Border Protection (CBP) is attempting to permanently destroy records related to civil rights complaints against the agency, administrative and criminal investigations into...

  • Advocacy

Letter Requesting 60-Day Comment Period on Proposed Rule Expanding Collection of Biometrics

September 15, 2020
This new rule will increase the total number of people who are required to submit biometric data from 3.9 million currently to 6.07 million—an increase of more than 60%.
  • Advocacy

Comment on Security Bars and Processing Regulation

August 5, 2020

The American Immigration Council and the American Immigration Lawyers Association submitted a comment opposing the regulation "Security Bars and Processing." 

...

  • Advocacy

Statement for the House Committee on Judiciary Subcommittee on Immigration and Citizenship Hearing on "Oversight of U.S. Citizenship and Immigration Services"

July 29, 2020

The American Immigration Council submitted a written statement to the House Committee on Judiciary Subcommittee on Immigration and Citizenship for a July 29, 2020 hearing on "Oversight of U....

  • Advocacy

Letter Demands ICE Release Families Detained During COVID-19 Pandemic

July 17, 2020

The American Immigration Council joined a letter to the U.S. Department of Homeland Security calling on the release of all families held at all three Immigration and Customs...

  • Advocacy

Letter Demands Greater Transparency For Cameroonian Immigrants Held in Immigration Detention

July 21, 2020

The American Immigration Council signed on to a letter calling on Congress to demand greater transparency from Immigration and Customs Enforcement regarding Cameroonian and other Black...

  • Advocacy

Comments Opposing Proposed Rule That Would Impose Bars to Asylum and Rewrite Asylum Law

July 15, 2020
The American Immigration Council submitted these comments opposing bars to asylum proposed by the Trump administration.
  • Advocacy

Organizational letter calling on DHS to suspend enforcement policies that threaten the safety of vulnerable immigrant children

June 24, 2020
  • Advocacy

Organizational letter regarding EOIR's decision to prematurely resume the non-detained docket during the COVID-19 pandemic.

June 24, 2020
  • Advocacy

Council and WilmerHale File Administrative Challenge to Burdensome Records Requirement for Employment Authorization

May 12, 2020

The Council and the law firm WilmerHale filed a petition with the Office of Management and Budget (OMB) challenging the requirement that asylum seekers...

  • Advocacy

Council Urges Governors to Release People Detained in ICE Custody During Coronavirus Pandemic

April 13, 2020

In order to preserve public health during the coronavirus outbreak, groups urged the governors of Colorado, New Mexico, and New Jersey...

  • Advocacy

Regulatory Comment on Establishing a System for Secretarial Review Over Cases Before the Department of Labor Board of Alien Labor Certification Appeals

April 7, 2020
These comments were submitted on the regulatory changes in the Department of Labor’s Notice of Proposed Rulemaking and Direct Final Rule, published in the Federal Register on March 6, 2020 by the American Immigration Council and the American Immigration Lawyers Association.
  • Advocacy

Letter to ICE and EOIR Regarding Remote Legal Access and Representation During COVID-19 Pandemic

March 23, 2020
This urgent letter from over 100 organizations expressing deep concern about the need for remote legal access and representation in immigration court and detention during the COVID-19 pandemic.
  • Advocacy

Letter Demands Release of Detained Individuals at Risk of COVID-19 in El Paso Area Immigration Detention Centers

March 17, 2020
The letter notes public health concerns related to COVID-19 for individuals in Immigration and Customs Enforcement's custody in El Paso, the need for the immediate release of individuals who are at high risk, and recommending steps to mitigate the crisis for this population.
  • Advocacy

Letter to Department of Homeland Security Urges End to Migrant Protection Protocols

March 6, 2020

153 legal representation, refugee assistance, faith-based, human rights, and community groups—including the American Immigration Council—sent a letter to the Department of Homeland Security...

  • Advocacy

Comment in Response to the Proposed Revisions to USCIS Form I-290B, Notice of Appeal or Motion

February 6, 2020
The American Immigration Council calls on USCIS to withdraw the Notice immediately as it contains significant changes that contravene long-established policy, harms an applicant’s access to administrative review, and was not issued under the proper legal framework under the Administrative Procedure Act.
  • Advocacy

Statement for the House Judiciary Committee on "Courts in Crisis: The State of Judicial Independence and Due Process in U.S. Immigration Courts"

January 29, 2020

The American Immigration Council submitted a written statement to the House Judiciary Committee's Subcommittee on Immigration and Citizenship for a January 29, 2020, hearing on "Courts in Crisis:...

  • Advocacy

Comments on Proposed Restrictions to Asylum Procedures and Bars to Eligibility

January 23, 2020

The Trump administration has proposed amending regulations that affect asylum eligibility. If implemented, the regulations would shut America’s doors to many of those most in need of protection....

  • Advocacy

Comments on U.S. Citizenship and Immigration Services’ Proposed Fee Schedule and Changes to Other Immigration Benefit Request Requirements

January 3, 2020

The American Immigration Lawyers Association and American Immigration Council submitted the following comments in response to the above-referenced Notice and Request for Comments on the Department...

  • Advocacy

Comments Opposing Removal of 30-Day Processing Provision of Asylum Application-Related Form I-765 Employment Authorization Applications

November 12, 2019

Under current U.S. immigration law, the immigration service must make a decision on work permit applications filed by asylum seekers within 30 days of their application. The Trump administration...

  • Advocacy

Firsthand Accounts of Medical Negligence in Customs and Border Protection Facilities

September 4, 2019
The administrative complaint filed with government oversight agencies highlights a systematic failure to provide adequate medical care to children in Customs and Border Protection (CBP) custody. This violates CBP’s own internal guidance and extensive medical guidelines.
  • Advocacy

Opposing the “Asylum Ban 2.0” Interim Final Rule

August 16, 2019

The American Immigration Council and the American Immigration Lawyers Association submitted a comment explaining how the interim final rule on Asylum...

  • Advocacy

Statement for the House Judiciary Committee Hearing “Oversight of Family Separation and U.S. Customs and Border Protection Short-Term Custody under the Trump Administration.”

July 25, 2019
The statement highlights the Council’s concerns regarding the systematic separation of families at the border, and the impact of President Trump’s “zero tolerance” policy directing federal law enforcement to prosecute all adult immigrants who entered the country unlawfully.
  • Advocacy

Statement for the House Judiciary Committee, Subcommittee on Immigration and Citizenship Hearing “Policy Changes and Processing Delays at U.S. Citizenship and Immigration Services.”

July 16, 2019
The statement highlights the Council’s concerns regarding systemic U.S. Citizenship and Immigration Services delays in responding to Freedom of Information Act (FOIA) requests.
  • Advocacy

Inadequate Medical Care at Colorado Immigration Detention Continues

June 11, 2019
New evidence shows the woefully inadequate medical and mental health care in an immigration detention center in Aurora, Colorado. Here are some of the detainees’ experiences we documented:
  • Advocacy

Statement for the House Judiciary Committee on "President Obama's Executive Overreach on Immigration"

December 10, 2014
The statement provides a brief historical overview of presidential authority related to immigration which gives President Obama the authority for his Immigration Accountability Executive Action.
  • Advocacy

How the El Paso Immigration Court Fails to Uphold Due Process

April 3, 2019

This complaint highlights systemic due process violations that are undermining justice for detained immigrants called before judges at the El Paso Service Processing Center (SPC) Immigration Court...

  • Advocacy

Complaint Urges Immediate Release of Infants from Immigration Detention

February 28, 2019
Numerous babies under the age of one—and some as young as six months old—are being detained in immigration detention at the South Texas Family Residential Center in Dilley, Texas.
  • Advocacy

Why the Government Should End the Migrant Protection Protocols Policy

February 6, 2019
The Migrant Protection Protocols (MPP)—also commonly known as the "Remain in Mexico" policy—will put asylum seekers at grave risk of harm by forcing them to remain in Mexico pending their request for protection. Due to these concerns, immigration advocates submitted a letter to the government with first-hand testimonies of ten families attesting to the violence and harm–including rape, beatings, kidnappings, and ransom–they faced on the Mexican side of our southern border.
  • Advocacy

Comments Opposing Proposed Regulation Barring Asylum to Those Entering Between US Ports of Entry

January 7, 2019

The American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a joint comment opposing the “Interim Final Rule: Aliens Subject to a Bar on Entry Under...

  • Advocacy

Regulatory Comments Opposing the Indefinite Detention of Children

November 6, 2018
The Trump administration proposed new regulations undermining the 1997 Flores settlement agreement. If the proposed regulations are finalized, they would weaken protections for children and place them at greater risk of trauma and mistreatment.
  • Advocacy

Comments Opposing "Public Charge" Plan

December 11, 2018
The American Immigration Council, with the American Immigration Lawyers Association, filed comments because a financial litmus test should never serve as a measure for who we welcome into our country.
  • Advocacy

Statement for the Senate Committee on Homeland Security and Governmental Affairs Hearing on "The Implications of Reinterpretation of the Flores Settlement for Border Security and Illegal Immigration Incentives"

September 18, 2018

The American Immigration Council and American Immigration Lawyers Association submitted a written statement to the Senate Committee on Homeland Security and...

  • Advocacy

The Illegal and Systematic Practice of Coercing Separated Families Must Be Investigated

August 23, 2018

The Trump administration’s “zero tolerance” immigration policy led to not only to the forcible separation of thousands of children from their parents, but the extreme duress and coercion of...

  • Advocacy

Complaint Demands Investigation Into Inadequate Medical and Mental Health Care Condition in Immigration Detention Center

June 4, 2018

The American Immigration Council and the American Immigration Lawyers Association filed an administrative complaint with the Office for Civil Rights and Civil Liberties (CRCL), the Office of the...

  • Advocacy

Statement for Senate Hearing “Strengthening and Reforming America’s Immigration Court System”

April 18, 2018

The American Immigration Council submitted a written statement to the Senate Judiciary Subcommittee on Border Security and Immigration for an April 18, 2018 hearing on “Strengthening and Reforming...

  • Advocacy

Assumption of Risk: Legal Liabilities for Local Governments that Choose to Enforce Federal Immigration Laws

March 7, 2018
This policy document describes the legal liabilities local governments face when they honor ICE requests, known as “detainers,” to hold individuals past the completion of their criminal custody until immigration agents take them into administrative custody.
  • Advocacy

Complaint Documents 15 Cases of Family Separation at the Border

December 11, 2017
The practice of dividing families raises Constitutional due process concerns under the Fifth Amendment, violates United States’ obligations under international law, and contravenes voluminous evidence maintaining that family separation is not in the best interest of the child.
  • Advocacy

Increasing Numbers of Pregnant Women Facing Harm in Detention

September 26, 2017

The American Immigration Council, in collaboration with the American Civil Liberties Union (ACLU), American Immigration Lawyers Association (AILA), Women’s Refugee Commission (WRC), and others...

  • Advocacy

Petition for Rulemaking Requests New Regulations Governing Access to Counsel

May 25, 2017
This petition, jointly filed by the Council and the American Immigration Lawyers Association, seeks to provide access to legal counsel for the following individuals.
  • Advocacy

U.S. Customs and Border Protection’s Systemic Denial of Entry to Asylum Seekers at Ports of Entry on U.S.-Mexico Border

January 13, 2017
A coalition of immigrant and civil rights groups filed a complaint with the Department of Homeland Security’s Office of Civil Rights and Civil Liberties on behalf of numerous adult men and women, families and unaccompanied children who, over the past several months, were denied entry to the United States at ports of entry along the U.S.-Mexico border despite having asserted a fear of returning to their home countries or an intention to seek asylum under U.S. law.
  • Advocacy

Comments on EOIR’s proposed rule on streamlining BIA cases (Aug. 18, 2008)

Addressing the BIA's affirmance without opinion process, three-member panel decisions, and precedent decisions, as well as exhaustion of administrative remedies and the scope of administrative review
  • Advocacy

Council and AILA Letter Urging ICE to Address Reports of Restrictions on Access to Counsel in a Range of Interview Settings

August 8, 2011
In this letter, the Council and AILA urged ICE to address reports of restrictions on access to counsel in a range of interview settings. These restrictions, documented in a nation-wide survey of immigration attorneys, included complete bars to attorney presence during ICE interviews and limits on participation when attorneys are permitted to be present. Attorneys also reported that ICE officers often were antagonistic toward attorneys.
  • Advocacy

Letter to DHS Urging Interim Relief Pending Final Resolution of Section 3 of DOMA

Following the Obama Administration’s February 2011 announcement that Section 3 of DOMA is unconstitutional, AILA and the Council, joined by dozens of other organizations, urged the Administration ...

  • Advocacy

Providing a Safety Valve: The Need for Greater Discretion in Immigration Decision Making (Jun. 6, 2013)

Discussing efforts in S. 744, “The Border Security, Economic Opportunity, and Immigration Modernization Act,” to restore a measure of discretion and flexibility to the immigration system.
  • Advocacy

Council and AILA letter urging CBP to address restrictions on access to counsel

May 10, 2011
In this May 11, 2011 letter, the Council and AILA urged CBP to address restrictions on access to counsel. These restrictions - documented in a nation-wide survey of immigration attorneys - included limitations on attorneys’ access to their clients in secondary and deferred inspection. In instances where attorneys were able to accompany their clients, CBP officers limited the scope of representation. Attorneys also reported that CBP officers prevented attorneys from providing relevant documentation and sometimes adopted an adversarial approach.
  • Advocacy

Letter to EOIR Urging Interim Relief Pending Final Resolution of Section 3 of DOMA

Following the Obama Administration’s February 2011 announcement that Section 3 of DOMA is unconstitutional, AILA and the Council, joined by dozens of other organizations, urged the Administration to adopt interim measures in immigration cases involving marriages to a lesbian or gay noncitizen. Such interim measures are needed to maintain the status quo until there is a final judicial or legislative resolution regarding Section 3 of DOMA.
  • Advocacy

Letter to EOIR recommending possible steps to take to protect the right to effective assistance of counsel (Nov. 12, 2009)

In November 2009, the American Immigration Council sent a letter to the Executive Office for Immigration Review recommending steps the immigration courts and the Board of Immigration Appeals can take to protect the right to effective assistance of counsel and help ensure that noncitizens in removal proceedings are afforded a fair hearing.
  • Advocacy

American Immigration Council Synopsis: CBP Restrictions on Access to Counsel

October 1, 2014
The synopsis provides a summary of CBP policies related to access to counsel, based on documents obtained through the Council’s FOIA request and litigation. The summary addresses access to counsel in inspections and CBP detention, and policies on advisals of rights and the treatment of children.
  • Advocacy

Letter to DOJ Urging Interim Relief Pending Final Resolution of Section 3 of DOMA

Following the Obama Administration’s February 2011 announcement that Section 3 of DOMA is unconstitutional, AILA and the Council, joined by dozens of other organizations, urged the Administration to adopt interim measures in immigration cases involving marriages to a lesbian or gay noncitizen. Such interim measures are needed to maintain the status quo until there is a final judicial or legislative resolution regarding Section 3 of DOMA.
  • Advocacy

Amicus Letter, urging reconsideration of Compean I (Feb. 6, 2009)

Urging Attorney General Holder to vacate Matter of Compean, 24 I & N Dec. 710 (A.G. 2009), which he later did in Matter of Compean, 25 I&N Dec. 1 (A.G. 2009)
  • Advocacy

Council & AILA Response to DHS’s notice of revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and accompanying instructions (submitted Feb. 18, 2014)

The American Immigration Council and the American Immigration Lawyers Association submitted suggestions to USCIS regarding the effective implementation of the renewal process.
  • Advocacy

Petition for Rulemaking to Amend Regulations Governing Motions to Reopen and Reconsider Removal Proceedings for Noncitizens Who Depart the United States (submitted Aug. 6, 2010)

The Council submitted a Petition for Rulemaking to the Department of Justice and the Executive Office for Immigration Review, urging the Department to rescind the regulation barring post-departure motions to reopen.
  • Advocacy

Council, AILA & Other Stakeholders’ Response to DHS’s notice of revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and accompanying instructions (submitted Feb. 18, 2014)

The American Immigration Council along with the American Immigration Lawyers Association, the Immigrant Legal Resource Center, the National Immigration Project of the National Lawyers Guild, Educators For Fair Consideration, the National Immigration Law Center, United We Dream, and the Catholic Legal Immigration Network, Inc. offered comments in response to DHS’s proposed new DACA application form and instructions.
  • Advocacy

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.
  • Advocacy

Letter Requesting Modifications to USCIS DACA FAQ (submitted June 3, 2013)

The American Immigration Council along with American Immigration Lawyers Association, Immigrant Legal Resource Center, National Council of La Raza, National Immigration Project of the National Lawyers Guild, and United We Dream, submitted proposals to USCIS seeking certain modifications to the DACA Frequently Asked Questions page.
  • Advocacy

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...

  • Advocacy

Second Letter Requesting Modifications to USCIS DACA FAQ (submitted April 8, 2014)

The American Immigration Council along with American Immigration Lawyers Association, Immigrant Legal Resource Center, Mexican American Legal Defense and Educational Fund, National Immigration Law Center, National Immigration Project of the National Lawyers Guild, New York Immigration Coalition, and United We Dream, submitted proposals to USCIS seeking certain modifications to the DACA Frequently Asked Questions page.
  • Advocacy

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.
  • Advocacy

Response to DHS’s notice of revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and accompanying instructions (submitted Feb. 12, 2013)

The American Immigration Council, the American Immigration Lawyers Association, the Catholic Legal Immigration Network, Inc., and the National Immigration Law Center welcomed changes made by USCIS, but encouraged several additional changes to Form I-821D and the accompanying instructions to make it more understandable and accessible to DACA requesters, particularly those requesters who are unrepresented.
  • Advocacy

Letter to DHS Secretary Janet Napolitano (submitted April 6, 2011)

This letter requests written guidance setting forth detailed criteria for the favorable exercise of prosecutorial discretion and the assignment of a high-level officer to monitor implementation of...

  • Advocacy

Response to DHS’s notice of revisions to Form I‐131, Application for Travel Document and accompanying instructions (submitted Dec. 31, 2012)

The American Immigration Council, the American Immigration Lawyers Association and the Catholic Legal Immigration Network, Inc. jointly submitted comments addressing numerous aspects of the Form I-131 instructions including revisions to the instructions that provide guidance to DACA recipients on their eligibility for Advance Parole.
  • Advocacy

Petition Comments to the DOJ/EOIR regarding the “Retrospective Regulatory Review” (submitted Nov. 27, 2012)

The Council, in collaboration with AILA, inter alia, urged EOIR to amend regulations pertaining to telephonic and video hearings (see page 4).
  • Advocacy

Comments on U.S. Immigration and Customs Enforcement Draft Detainer Policy

Recommendations that DHS promulgate new regulations that ensure more effective oversight over the issuance of detainers and better protection for those subject to detainers.

  • Advocacy

Comments on the Immigration Adjudication Draft Report by the Administrative Conference of the United States (ACUS) (submitted Feb. 13, 2012)

The Council commented on several issues addressed by the draft report, including video hearings (see page 4). ACUS’s draft report and the final recommendations, included that EOIR should consider more systemic assessments of the use of video hearings.
  • Advocacy

Response to DHS's request for comments in connection with a review of existing regulations (submitted April 13, 2011)

Reducing Regulatory Burden; Retrospective Review Under Executive Order 13563, 76 Fed. Reg. 13526 (Mar. 14, 2011)
  • Advocacy

Regulatory comment: Adjustment of Status of “arriving aliens” who are in removal

The Council submitted comments on June 12, 2006, on the interim regulations that lifted the ban on “arriving aliens” being able to adjust their status if they are in removal proceedings.

  • Advocacy

Council and AILA comments to the DOJ/EOIR regarding the “Retrospective Regulatory Review” (Nov. 27, 2012)

Pertaining to regulations on motions to reopen, stays of removal, bond hearings, telephonic and video hearings, filing and service of documents and decisions, and stipulated removal orders.
  • Advocacy

Comments on Streamlining and Improving the U.S. Immigrant and Nonimmigrant Visa Systems

January 29, 2015
The Council submitted comments in response to a request by DHS and the Department of State (DOS) for input on streamlining and improving the U.S. immigrant and nonimmigrant visa systems. In the comments, the Council recommended that DHS amend 8 C.F.R. § 292.5(b) to ensure that individuals in secondary inspection are provided with a regulatory right to counsel during their examinations, and that DOS promulgate regulations in 22 C.F.R. Part 40 to provide for meaningful access to counsel during interviews at consular posts.
  • Advocacy

Comments on the Immigration Adjudication Draft Report by the Administrative Conference of the United States (ACUS) (Feb. 13, 2012)

Addressing representation, stipulated removal orders , prosecutorial discretion, video hearings, and the asylum clock.
  • Advocacy

Letter by the Council and AILA urging USCIS to address reports of widespread and recurrent restrictions on access to counsel. (Mar. 24, 2011)

In this March 24, 2011 letter, the Council and AILA urged USCIS to address reports of widespread and recurrent restrictions on access to counsel. These restrictions, documented in a nation-wide survey (http://www.aila.org/infonet/final-results-attorney-representation-before-dhs) of immigration attorneys, included limitations on attorneys’ ability to communicate with their clients, restrictions on attorney seating during USCIS interviews, and limitations on attorneys’ ability to submit documents to the interviewing officer.
  • Advocacy

Testimony submitted to the Senate Judiciary Committee for May 18, 2011 hearing, “Improving Efficiency and Ensuring Justice in the Immigration Court System.”

Addressing access to counsel, effective assistance of counsel, protections for noncitizens lacking mental competency, the employment authorization employment clock, and the departure bar to motions to reopen.
  • Advocacy

Council and AILA’s Recommendations for Changes to the USCIS Adjudicator's Field Manual (AFM)

June 14, 2011
The Council and AILA provided recommendations for changes to the USCIS Adjudicator's Field Manual (AFM) to better safeguard the attorney's role in USCIS interviews. These recommendations were in response to a request from USCIS to present specific recommendations for changes to USCIS guidance on access to counsel.
  • Advocacy

Letter to DOJ in response to request for comments regarding the Department’s review of its existing regulations (Mar. 31, 2011)

Regarding the departure bar to motions to reopen, ineffective assistance of counsel, fair removal procedures for noncitizens with mental disabilities, and asylum clock problems.
  • Advocacy

Comments to the USCIS Interim Memo “The Role of Private Attorneys and Other Representatives; Revisions to Adjudicator’s Field Manual (AFM) Chapters 12 and 15; AFM Update AD11-42.”

February 14, 2012
The Council and AILA submitted comments on the USCIS Interim Memo “The Role of Private Attorneys and Other Representatives; Revisions to Adjudicator’s Field Manual (AFM) Chapters 12 and 15; AFM Update AD11-42.” The comments recommended, among other things, that USCIS take additional steps to clarify the role of attorneys and the treatment of attorneys’ written submissions; to address continued limitations on attorney seating; to expand the requirements related to waivers of representation; and to improve the complaint process.
  • Letters

Legal Experts Weigh in on Executive Branch Authority

April 29, 2011
President Obama’s insistence that his “hands are tied” by Congressional inaction on immigration has raised questions about how much executive power the President has when it comes to immigration. To...
  • Advocacy

A Plea from America's Scholars

December 17, 2010
It Is Time For Congress To Take Action And Reform Our Nation’s Immigration Laws: A Plea From America’s Scholars

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending