General Litigation & Advocacy Pages
Plaintiff’s Motion for Prelimary Injunction
Plaintiffs’ motion for a preliminary injunction asks the Court to order Defendants to stop their unlawful detention practices while the lawsuit is ongoing. The expert declarations and fifteen photos posted below are exhibits filed in support of this motion. The Court has not yet ruled on this motion.
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. Read More
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. Read More
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. Read More
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. Read More
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. Read More
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.
Comments on Streamlining and Improving the U.S. Immigrant and Nonimmigrant Visa Systems
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. Read More
Council and AILA’s Recommendations for Changes to the USCIS Adjudicator’s Field Manual (AFM)
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. Read More
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.”
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. Read More
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