General Litigation & Advocacy Pages
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
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. Read More
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
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 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
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). Read More
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 the policy.
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
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
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
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