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Most Recent Practice Advisories

  • Practice Advisories

Nightingale v. USCIS and FOIA Requests for Immigration Case Files (A-Files)

December 16, 2022
This practice advisory explains 1) the ways to submit a FOIA request for a client’s immigration records, or A-File, 2) provides suggestions for avoiding agency rejections of the requests, and 3) identifies issues related to the Nightingale injunction that class counsel are monitoring.
  • Practice Advisories

Practice Tip: Opposing a Motion to Dismiss Asserting the Consular Nonreviewability Doctrine in Agency Delay Cases

December 16, 2022
Practitioners who challenge delays in visa processing often face a motion to dismiss based on the consular nonreviewability doctrine. This practice tip examines the scope of the doctrine. It provides arguments, with supporting documentation, to oppose common situations that the government claims are final, nonreviewable decisions.
  • Practice Advisories

A Guide to Obtaining Detention Records

December 13, 2022
Our comprehensive guide on obtaining detention records provides a brief overview of FOIA requirements, information about the types of records government agencies possess, tips about how to request those records, and an overview of what to expect after submitting the request.

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Most Recent Litigation

  • Litigation

The American Immigration Council Sues ICE to Compel Agency to Publish its Bond Payment Procedures

This Lawsuit seeks to compel ICE to comply with the Freedom of Information Act (FOIA) and publish bond processing procedures that must be followed to obtain the release of individuals in detention.
  • Litigation

Employment Authorization Documents Adjudication Delays

Faced with increasing reports from immigration lawyers of Employment Authorization Documents adjudication delays, the Council and several partners filed this lawsuit against USCIS and DHS.
  • Litigation

Class Action Lawsuit Challenging USCIS Delay in Deciding Applications for Provisional Unlawful Presence Waivers

This Lawsuit seeks an end to processing delays that prevent immigrants from becoming lawful permanent residents. U.S. Citizenship and Immigration Services (USCIS) has already approved these immigrant petitions filed by their U.S. citizen or lawful permanent resident family member.

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Most Recent Amicus Briefs

  • Amicus Briefs

Demanding ICE Provide Essential Data

August 27, 2021
The Council submitted an amicus brief explaining why ICE should release usable immigration data. The amicus brief was filed in a case where the ACLU is seeking information about how individuals are impacted by ICE enforcement practices.
  • Amicus Briefs

Amicus Brief Argues that Exclusionary Rule in Criminal Proceedings Should Apply to Evidence Related to Identity in Prosecutions for Illegal Reentry

March 28, 2022
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.
  • Amicus Briefs

Amicus Brief Filed with Supreme Court of Michigan in Support of State FOIA Request in Wrongful Detention Case

September 10, 2021
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.

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Most Recent FOIA

  • FOIA

Agency Failures Make Obtaining Humanitarian Parole Almost Impossible for Afghans

Records show how the USCIS’s response to the high volume of humanitarian parole applications contributed to the massive delays faced by Afghans.
  • FOIA

Government Documents Reveal Information about the Development of the CBP One App

  • FOIA

Seeking Records on Why Immigrants’ Hearings Are Being Moved Up Without Much Notice to Them or Their Lawyers

This Freedom of Information Act (FOIA) request seeks records from the Executive Office for Immigration Review (EOIR) about its practice of moving up the date of immigrants’ individual hearings with little to no notice to their lawyers.

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Most Recent Advocacy

  • 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...

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