Amicus Briefs

Council Submits Declaration in Deportation Moratorium Case, Explaining the Complex System of Enforcement and Removal
The Council submitted this declaration in support of the ACLU's defense of the Biden Administration's moratorium on deportations. This declaration explains how the removal and detention system works. Read More

Council Submits Amicus Brief Supporting Reversal of USCIS’ Misinterpretation of the First Regulatory Test for an H-1B Specialty Occupation
The American Immigration Council filed this brief in support of a U.S. employer’s challenge to the U.S. Citizenship and Immigration Service’s denial of a computer programmer H-1B petition. Read More

Council Files Amicus Brief on Opportunity for Detained Migrants with Prior Removal Orders Seeking Humanitarian Protection to be Released on Bond
The amicus brief in Pham v. Guzman Chavez urges the Supreme Court to find that the pre-final order detention statute applies to detained noncitizens with prior removal orders who have meritorious claims for a form of humanitarian protection known as withholding of removal. Read More

Council Submits Amicus Brief Challenging Agency Failure to Undergo Notice and Comment Rulemaking
The Council filed an amicus brief supporting plaintiffs’ preliminary injunction and summary judgment motion that the government did not satisfy the stringent requirements necessary to sidestep notice and comment rulemaking. Read More

Stopping the Destruction of ICE’s Records on Abuse and Mistreatment of People in Detention
In the amicus brief, the Council and partners documented the reliance on these records by researchers and advocates to monitor and expose troubling practices. Read More

Council Submits Amicus Brief on Insufficiency of Notice in Migrant Protection Protocols Proceedings
The brief argues that DHS’ service practices for MPP tear sheets deny respondents their statutory right to notice of the time and place of their removal proceedings, their statutory right to a full and fair hearing, and, consequently, due process of law. Read More

Council Submits Amicus Brief on Two-Step Notice Practice to Supreme Court in Niz-Chavez v. Barr
This amicus brief in Niz-Chavez v. Barr urges the Supreme Court to reject the government’s practice of issuing notice of the time and place of a noncitizen’s removal proceedings in multiple documents over time, instead of in the initial Notice to Appear (NTA), as mandated by Congress. Read More

Council Files Amicus Brief Supporting the Release of Individuals from Immigration Detention During the COVID-19 Pandemic
The American Immigration Council filed this amicus curiae brief in support of individuals who sought release from detention due to their significant risk of infection from COVID-19. Read More

Las Americas Immigrant Advocacy Center v. Wolf
The American Immigration Council and the American Immigration Lawyers Association submitted an amicus brief in Las Americas Immigrant Advocacy Center v. Wolf, a case filed by the American Civil Liberties Union (ACLU) of Texas, the ACLU Immigrants’ Rights Project, and ACLU of the District of Columbia. The amicus brief urges the… Read More

United States v. Hernandez-Becerra – Ninth Circuit
In this case, the Federal Defenders of San Diego argue that the court should have conducted a deeper inquiry into the voluntariness of a guilty plea offered by 18-year-old Claudia Hernandez-Becerra because she spent three days detained in an “hielera” before her arraignment for entering the United States without permission. Read More
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