Amicus Briefs
Amicus Brief Urges First Circuit to Preserve Habeas Review in Expedited Removal Cases
This amicus brief was filed in Alawieh v. Mullin, a case challenging the government’s use of expedited removal against Dr. Rasha Alawieh, a physician with deep ties to the United States who was removed in March 2025 after returning from brief travel abroad. Read More
Amicus Briefs Argue Overbroad Application of Mandatory Detention Under INA 235(b)(2) Results in Cruel, Arbitrary, and Unnecessary Detention
Multiple U.S. courts of appeals are considering the government’s sudden about-face on the meaning of two detention statutes, resulting in a radical expansion of mandatory immigration detention. Rejecting three decades of agency and judicial interpretation, the government now maintains that 8 U.S.C. §1225(b)(2) requires the no-bond detention of each… Read More
Amicus Brief Argues that Judicial Review is Available When Consular Officer Reclassifies an Immigrant Visa Petition Creating Delay for Applicant
This amicus brief argues that when a consular officer reclassifies an immigrant visa petition based on agency policy, then the consular nonreviewability doctrine does not apply. The brief argues that the consular officer neither denied the visa nor made an individualized discretionary decision—and instead placed the applicant into a… Read More
Amicus Brief in Support of Judicial Review of Delay Claims when Immigrant Visa Applications are in Administrative Processing
This amicus brief argues that a federal district court may review a claim for unreasonable delay when an immigrant visa application is in administrative processing for around two years after the interview occurred. The brief supports the district court’s conclusion that administrative processing is not a final decision by… Read More
Amicus Brief Argues that the Internal Revenue Service should be Stopped from Sharing Taxpayer Information with Immigration and Customs Enforcement as Contrary to Longstanding IRS Policy and Improperly Using Confidential Taxpayer Information to Facilitate Mass Deportations
This amicus brief argues that a Memorandum of Understanding (MOU) between IRS and ICE breaks with decades of IRS policy, grounded in law, to protect taxpayer data from disclosure except in limited circumstances. The brief argues that this drastic change from a policy which IRS publicized to encourage noncitizen… Read More
Amicus Brief to the Second Circuit Arguing for Individualized Custody Determination After Prolonged Mandatory Detention
The brief argues that an individualized custody determination is necessary when detention becomes prolonged under the mandatory detention provision at 8 U.S.C. § 1226(c). It explains that Section 1226(c) is a broad statute that sweeps in minor criminal offenses and dispositions that do not amount to convictions under state… Read More
Amicus Brief to Supreme Court Asserting Judicial Review of Consular Visa Denials Available
The American Immigration Council filed an Amicus Brief with the American Immigration Lawyers Association to challenge the government's theory that judicial review is never available when a consular officer decides to deny a visa application. Read More
Council Files Amicus Brief with Supreme Court on Fair, Consistent Way to Interpret Aggravated Felony Deportation Ground
In this amicus brief the Council urges the Supreme Court to correct the BIA's mistake in not applying that criminal "rule of lenity" when interpreting the aggravated felony deportation ground. Read More
Amicus Brief Argues that Exclusionary Rule in Criminal Proceedings Should Apply to Evidence Related to Identity in Prosecutions for Illegal Reentry
In the amicus brief filed with the Third Circuit Court of Appeals, the Council argues that the exclusionary rule in criminal proceedings should apply to evidence related to identity, because it is an essential deterrent to ICE’s widespread racially discriminatory enforcement practices. Read More
Amicus Brief Filed with Supreme Court of Michigan in Support of State FOIA Request in Wrongful Detention Case
In the amicus brief filed with the Supreme Court of Michigan, the Council and partners reject Calhoun County's position to withhold records that otherwise would be released under the Michigan state FOIA. Read More
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