Litigation
Immigrant Rights Groups File Class Action Suit Challenging Trump Administration’s “Muslim Ban”
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. Read More
FOIA Lawsuit Seeking Disclosure of the CBP Officer’s Reference Tool
The Council and its partners filed suit after CBP failed to respond to a 2013 FOIA After the case was filed, CBP disclosed only a handful of documents—primarily, indices of two ORT chapters without any substantive information—and then moved for summary judgment, claiming that it was not required to search for or produce any additional documents. Read More
FOIA Lawsuit on H-1B Lottery Policies and Procedures
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 public release of records relating to the policies and procedures USCIS follows when administering the annual H-1B random selection process… Read More
Challenging Obstacles to Meeting The One Year Filing Deadline for Filing An Asylum Application
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. Read More
Adjustment of Status Under § 245(i) for Noncitizens Previously Removed
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. Read More
Challenging Unconstitutional Conditions in CBP Detention Facilities
The class-action lawsuit complaint alleges that Tucson Sector Border Patrol holds men, women, and children in freezing, overcrowded, and filthy cells for days at a time in violation of the U.S. Constitution and CBP’s own policies. Read More
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. Read More
Class Action Lawsuit Challenging CBP Delays in Responding to FOIA Requests
In March 2015, the American Immigration Council, in collaboration with the Law Office of Stacy Tolchin, the Northwest Immigrant Rights Project, and the National Immigration Project of the National Lawyers Guild, filed a class action lawsuit against CBP over its nationwide pattern and practice of failing to timely respond to requests under the Freedom of Information Act (FOIA). The plaintiffs included both immigration attorneys and individuals, all of whom had FOIA requests pending for over 20 business days. Read More
Visa Programs for High-Skilled Workers
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. Read More
FOIA Lawsuit on Use of Expedited Removal Against Families
On October 21, 2014, the American Immigration Council, the American Civil Liberties Union, and the National Immigration Project of the National Lawyers Guild, with co-counsel, the National Immigration Law Center and Jenner & Block LLP, filed a lawsuit under the Freedom of Information Act to compel the release of government documents regarding the use of the expedited removal process against families with children, including those detained by the Department of Homeland Security (DHS) in Artesia, New Mexico. The suit was filed in the federal district court for the Southern District of New York. Read More
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