Legal Resources and Litigation

FOIA Lawsuit Presses for Records on How Appellate Immigration Judges Are Hired
A FOIA request seeking information about new hiring procedures for Board of Immigration Appeals judges was ignored by the government. The Council will now press for their release in court. Read More

FOIA Lawsuit Demands Information About CBP Officers’ Role in Credible Fear Interview Process
This lawsuit seeks to uncover information about the government’s troubling new practice of employing U.S. Custom and Border Protection officers to screen asylum seekers. Read More

Separated Family Members Seek Monetary Damages from United States
The Council is seeking monetary damages on behalf of six asylum-seeking mothers and their children for the trauma they suffered when torn apart under the Trump Administration’s family separation policy. Read More

Challenging the Expansion of Expedited Removal
The Trump administration wants to increase its power to deport immigrants without a fair day in court through expedited removal. We’re suing. Read More

FOIA Lawsuit Demands Release of Information on the Institutional Hearing Program
This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP). Read More

Lawsuit Challenges Systemic USCIS and ICE FOIA Delays
This nationwide class action lawsuit challenges systemic delays in providing immigration files. Read More

U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial That Overlooked Web Developer’s Specialized and Complex Duties
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. Read More

U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial of Market Research Analyst Job
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. Read More

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. Read More

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. Read More
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