Litigation

The Council filed a federal lawsuit challenging the Trump administration’s rule that would drastically increase fees across-the-board in high-stakes immigration proceedings.

This lawsuit challenged ICE’s practice of transferring unaccompanied minors who turn 18 years old to adult custody in the agency’s contracted jails and prisons, without considering less restrictive placements.

The Trump administration wants to increase its power to deport immigrants without a fair day in court through expedited removal. We’re suing.

In denying the petition, USCIS disregarded substantial evidence that the employer requires a bachelor's or higher degree in a "specific specialty" because of the complexity and specialized nature of the job duties.

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.

The denials of employment-based petitions must end. This suit challenges the policy changes that restrict employers’ lawful use of H-1B workers.

The American Immigration Council filed a Freedom of Information Act (FOIA) request with ICE and CBP on October 13, 2017, seeking data on enforcement actions and outcomes since January 2016. With this data, the Council will be able to assess who is being targeted for removal and what the consequences are of the current enforcement framework.

The American Immigration Council has filed a class action lawsuit against officials at the U.S. Citizenship and Immigration Services and U.S. Department of Homeland Security in a federal district court in New York, challenging the government’s unlawful practice of depriving certain Temporary Protected Status (TPS) holders with close family relationships or employment in the United States from becoming lawful permanent residents.

Prioritizing the immigration of multinational executives and managers recognizes the need for the United States to remain competitive in an increasingly global economy.

This lawsuit seeks to compel CBP to disclose the requested records concerning USBP agents’ practices.

Asylum seekers are being illegally turned away by Customs and Border Protection officers. We're suing.

This intervention is needed to protect the integrity of the United States’ immigrant visa process and the families diligently seeking to reunite with their loved ones.

Duran Gonzalez is a Ninth Circuit-wide class action challenging DHS’ refusal to follow Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). In Perez-Gonzalez, the Ninth Circuit had said that individuals who had been removed or deported could apply for adjustment of status (under INA § 245(i)) along with an accompanying I-212 waiver application. In Duran Gonzales v. DHS, 508 F.3d 1227 (9th Cir. 2007), the Ninth Circuit overturned Perez-Gonzalez, deferring to the BIA’s holding that individuals who have previously been removed or deported are not eligible to apply for adjustment of status. See Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006). The Court subsequently said, however, that some plaintiffs may be able to establish that the new rule should not apply retroactively.

Valorem, an IT consulting company, petitioned to employ a software developer for three years in H-1B status as part of a project development team at its office. Initially, USCIS denied the petition, but later – after Valorem, represented by AILA member Susan Bond, filed suit – approved it for one year.

This lawsuits seeks recognition of a right to appointed counsel for unrepresented children in immigration proceedings nationwide.

In March 2013, the American Immigration Council and Cleary, Gottlieb, Steen & Hamilton, later joined by the Legal Aid Justice Center, filed a lawsuit alleging that CBP officers at Dulles Airport in Virginia unlawfully detained a U.S. citizen child for more than twenty hours, deprived her of contact with her parents, and then effectively deported her to Guatemala. The case was one of ten complaints filed the same week to highlight CBP abuses along the northern and southern borders.

The American Immigration Council, with co-counsel Dorsey & Whitney LLP, filed a lawsuit against the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) to compel the release of records relating to noncitizens’ access to counsel.

The complaint, co-filed with the Northwest Immigrants Rights Project, Gibbs Houston Pauw, and the Massachusetts Law Reform Institute, was submitted on behalf of a class of untold numbers of asylum applicants wrongfully denied work authorization due to unlawful agency policies and practices. The settlement agreed to by the parties was approved by the Court and applies to the entire class.

The American Immigration Council, with co-counsel Dorsey & Whitney LLP, filed a lawsuit against the Department of Homeland Security and U.S. Citizenship and Immigration Services to compel the release of records relating to noncitizens’ access to counsel.