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Most Recent Practice Advisories

  • Practice Advisories

Court Decision Ensures Timely Adjudication of Employment Applications Filed by Initial Asylum Applicants

March 15, 2019
This Frequently Asked Questions document addresses the status of the case and explains options for first time asylum seekers applying for employment authorization.
  • Practice Advisories

Notices to Appear

February 27, 2019
This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens.
  • Practice Advisories

Motions for a Continuance

September 10, 2018
This Practice Advisory provides a practitioner-focused overview of motions to continue a case in removal proceedings, from the basics of making the motion to advanced issues of jurisdictional bars to appellate review of continuances.

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Most Recent Litigation

  • Litigation

Lawsuit Demands Response to FOIAs Seeking Data About Immigrant and Nonimmigrant Adjudications

With the data sought through the requests, the Council hopes to better understand USCIS’ adjudication of employment-based immigrant and nonimmigrant petitions and how the adjudication process has evolved over multiple years.
  • Litigation

U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial Disregarding Employer’s Evidence of Specific Specialty Degree Requirement

This case is representative of the difficulties employers encounter when new occupations emerge to fill business needs which require at least a bachelor’s degree, but no consensus exists as to the degree requirement.
  • Litigation

Standards for Avoiding Deportation Cannot Be Shrouded in Secrecy

We filed a FOIA request seeking statistical information, as well as policies and guidance, regarding Board of Immigration Appeals standards for issuing stays of removal. Because the government failed to respond, we're filing a lawsuit.

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Most Recent Amicus Briefs

  • Amicus Briefs

ACLU v. DHS - Ninth Circuit

January 10, 2019

The American Immigration Council and the Immigrants’ Rights and Human Trafficking Program and Boston University School of Law filed an amicus brief in ACLU v. DHS, a Freedom of Information...

  • Amicus Briefs

Matter of Negusie

December 3, 2018
In Matter of Negusie, former Attorney General Jeff Sessions referred to himself the question of whether coercion and duress are relevant to the application of the immigration statute’s persecutor bar for individuals seeking asylum or withholding of removal
  • Amicus Briefs

Matter of L-A-B-R-

September 24, 2018
This amicus brief discusses how Sessions’ public statements indicate prejudgment about the use of continuances and explains how Sessions’ use of the referral authority suggests that he is choosing to refer cases to himself to achieve predetermined political and policymaking goals.

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Most Recent FOIA

  • FOIA

FOIA Requests Seek Data About Immigrant and Nonimmigrant Adjudications

Under the Trump administration, we have seen an uptick in requests for additional information about petitions filed by U.S. employers on behalf of foreign-born workers. We also have seen greater numbers of denials of these petitions. According to the employers and their workers, these trends reflect unlawful adjudications across the board. In response to these changes, the Council filed two Freedom in Information Act requests.
  • FOIA

Board of Immigration Appeals Interpretation of Stay of Removal FOIA Request

With the end of prosecutorial discretion under the Trump administration, noncitizens living in the United States with a removal order face quick,...

  • FOIA

U.S. Customs and Border Protection’s Port of Entry Practices FOIA

The request asks for records related to CBP’s processing of asylum seekers at ports of entry along the U.S. southern border.

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Most Recent Advocacy

  • Advocacy

Statement for the House Judiciary Committee on "President Obama's Executive Overreach on Immigration"

December 10, 2014
The statement provides a brief historical overview of presidential authority related to immigration which gives President Obama the authority for his Immigration Accountability Executive Action.
  • Advocacy

How the El Paso Immigration Court Fails to Uphold Due Process

April 3, 2019

This complaint highlights systemic due process violations that are undermining justice for detained immigrants called before judges at the El Paso Service Processing Center (SPC) Immigration Court...

  • Advocacy

Complaint Urges Immediate Release of Infants from Immigration Detention

February 28, 2019
Numerous babies under the age of one—and some as young as six months old—are being detained in immigration detention at the South Texas Family Residential Center in Dilley, Texas.

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