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Most Recent Practice Advisories

October 31, 2016
This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response. It discusses the...
March 18, 2015
The Johnson Enforcement Memo, which went into effect on January 5, 2015, specifies the categories of noncitizens at greatest risk of deportation, provides guidance on the exercise of prosecutorial discretion by immigration officers and the use of detention space, and imposes new data tracking requirements. This Practice Advisory outlines the enforcement priorities under the memo and discusses how it relates to other agency guidance on prosecutorial discretion.
December 26, 2008

This Q&A informs lawyers about some of the most important aspects of the December 18, 2008 voluntary departure rules adopted by Executive Office for Immigration Review.

Most Recent Litigation

On behalf of the American Immigration Lawyers Association (AILA), the American Immigration Council, in cooperation with Foley and Lardner, LLP, filed a lawsuit under the Freedom of Information Act against U.S. Customs and Border Patrol (CBP) seeking the public release of CBP’s Officers’ Resource Tool (ORT).

On behalf of the American Immigration Lawyers Association (AILA), the Council, in cooperation with Hughes Socol Piers Resnick & Dym, Ltd., filed a lawsuit against USCIS and DHS seeking the...

This lawsuit challenges obstacles faced by asylum-seekers in satisfying the statutory requirement that they apply for asylum within one year of entering the United States.

Most Recent Amicus Briefs

October 25, 2016
The American Immigration Council, in collaboration with the American Immigration Law Association, filed an amicus brief in the case Jennings v. Rodriguez, calling for the Court to overturn Demore v. Kim and end mandatory detention.
October 19, 2016
The Council, along with amici the University of Houston Law Center, AILA, and others, submitted a brief in response to a request from the Board of Immigration Appeals, arguing that lawful permanent residents who were initially admitted to the United States after being waved through a port of entry were eligible for cancellation of removal on the grounds that they had been “admitted in any status,” a requirement of the cancellation statute.
January 3, 2014
Long used in criminal trials, motions to suppress can lead to the exclusion of evidence obtained by the government in violation of the Fourth Amendment, Fifth Amendment, or related provisions of federal law. While the immediate purpose of filing a motion to suppress is to prevent the government from meeting its burden of proof, challenges to unlawfully obtained evidence can also deter future violations by law enforcement officers and thereby protect the rights of other noncitizens. The Supreme Court held in INS v. Lopez-Mendoza, 468 U.S. 1032 (1984), that motions to suppress evidence under the Fourth Amendment in immigration proceedings should be granted only for “egregious” violations or if violations became “widespread.” Despite this stringent standard, noncitizens have prevailed in many cases on motions to suppress.

Most Recent FOIA

The Council filed a lawsuit against the Department of Homeland Security (DHS) to compel the release of records relating to noncitizens’ access to counsel before United States Citizenship and...

The Council filed a lawsuit against the Department of Homeland Security (DHS) to compel the release of records relating to noncitizens’ access to counsel before Customs and Border Protection.

The Council filed a lawsuit against the Department of Homeland Security (DHS) to compel the release of records relating to noncitizens’ access to counsel before Immigration and Customs Enforement...

Most Recent Advocacy

January 13, 2017
On January 13, 2017 a coalition of immigrant and civil rights groups filed a complaint with the Department of Homeland Security’s...

Following the Obama Administration’s February 2011 announcement that Section 3 of DOMA is unconstitutional, AILA and the Council, joined by dozens of other organizations, urged the Administration ...

Discussing efforts in S. 744, “The Border Security, Economic Opportunity, and Immigration Modernization Act,” to restore a measure of discretion and flexibility to the immigration system.

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