Litigation

This case challenges the punitive practice of keeping asylum seekers in custody for weeks or months without access to credible fear interviews or bond hearings and the lack of basic procedural protections—like hearing transcripts and written decisions—in bond hearings, as well as whether asylum seekers must bear the burden of proof in bond proceedings.

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.

This lawsuit challenges ICE's policies that have made it extremely difficult—and in many cases impossible—for people in immigration detention to access their attorneys.

The Council and partners filed a nationwide class action lawsuit to ensure timely renewal of work authorizations documents for asylum seekers.

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 Council filed a lawsuit to close the immigration courts and ensure due process.

As U.S. Citizenship and Immigration Services (USCIS) continues to scrutinize and reject meritorious H-1B petitions, one emerging pattern is its rejection of petitions for entry level positions. We've sued.

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.

In recent years, U.S. Citizenship and Immigration Services (USCIS) has been denying H-1B petitions for jobs that the agency previously approved as being in a specialty occupation. This case is representative.

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.

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

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.

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.

The American Immigration Council and co-counsel Public Citizen filed a lawsuit on behalf of the American Immigration Lawyers Association (AILA) seeking information about complaints alleging immigration judge misconduct.

In June 2012, the American Immigration Council, in collaboration with Hughes Socol Piers Resnick & Dym, filed suit against DHS and CBP for unlawfully withholding records concerning voluntary returns of noncitizens from the United States to their countries of origin. Voluntary return, also known as “administrative voluntary departure,” is a procedure whereby CBP officers permit noncitizens to voluntarily depart the United States at their own expense rather than undergoing formal removal proceedings. Noncitizens may be granted voluntary return to their countries of origin after conceding unlawful presence in the United States and knowingly and voluntarily waiving the right to contest removal.

Co-Plaintiffs American Immigration Council and AILA’s Connecticut chapter initially sought records related to the Criminal Alien Program (CAP) through a FOIA request to ICE in December 2011. When ICE refused to release responsive records, Plaintiffs filed suit under FOIA to compel their disclosure.

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

On behalf of AILA, the American Immigration Council, in cooperation with counsel at Steptoe & Johnson LLP, filed a FOIA lawsuit against DHS and USCIS in July 2010 seeking the public release of records concerning agency policies and procedures related to fraud investigations in the H-1B program.