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Delay Actions In The Asylum Context: Avoiding Dismissal And Proving The Case
This Practice Advisory provides information for filing a delay action in federal district court under the Mandamus Act and the Administrative Procedure Act (APA) for an asylum applicant who is awaiting an interview or a final decision on their affirmative asylum claim. It discusses the required elements of a successful APA and mandamus actions and jurisdictional hurdles. The advisory also addresses asylum-specific case law and arguments, including USCIS’s use of the “Last-In, First-Out” processing and statistics showing the growing asylum backlog.
Read MoreDueling Court Orders May Decide Fate of President Biden’s Title 42 Expulsions
In just under two years, U.S. Customs and Border Protection (CBP) has carried out over 1.5 million rapid “expulsions” of asylum seekers and migrants at the U.S.-Mexico border under Title 42, a controversial public health law invoked by the Centers for Disease Control and Prevention (CDC). At least 200,000 parents and children have been expelled, […]
Read MoreNew Memo to Immigration Judges Reaffirms Availability of Administrative Closure
The Executive Office for Immigration Review (EOIR) issued a memorandum last month providing guidance to immigration judges about administrative closure—a critical tool for docket management and addressing an ever-growing immigration court backlog. EOIR Director David Neal issued the memo in response to the recent Attorney General decision in Matter of Cruz-Valdez, which ushered in the […]
Read MoreOver 250,000 Young People Are at Risk of Deportation When They Turn 21
A lesser-known group of young people who grew up in the United States with immigration status—typically the children of noncitizens who entered the U.S. on temporary work visas—is increasingly at risk of deportation. They are known as Documented Dreamers, and when these young adults turn 21, they “age out” of their previous lawful status, which […]
Read MoreThe Economic Contributions of Hispanic Americans
In celebration of Hispanic Heritage Month, we are partnering with UnidosUS, the nation’s largest Latino civil rights and advocacy organization, to highlight the contributions of Hispanic Americans to our society and economy. To celebrate Hispanic Heritage Month, we take a look at the most recent data from the 2020 Census and the American Community Survey to shed […]
Read MoreAttorney General Garland Brings Back Administrative Closure for Immigration Judges
Attorney General Merrick Garland vacated Matter of Castro-Tum on July 15, reviving a key tool to help judges prioritize cases in the overburdened immigration court system and allow people facing deportation to pursue all available paths to legal status. In Matter of Cruz-Valdez, the attorney general reversed a decision by prior Attorney General Jeff Sessions. […]
Read MoreRising Border Encounters in 2021: An Overview and Analysis
This Council fact sheet provides an overview and analysis of border encounters and border apprehensions in 2021.
Read MoreIt’s Time to Fix the Immigration Court System
This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election. The backbone of a functioning justice system is due process. Yet over 1.25 million immigrants are fighting for their right to survive in an immigration court system that is anything […]
Read MoreElection 2020 Recap: Examining a Diverse Hispanic Electorate
This year’s election saw the most racially and ethnically diverse U.S. electorate in history. For the first time in U.S. history, Hispanic Americans were the largest minority group among eligible voters, overtaking African Americans. This shift in the electorate is likely to have significant effects on the outcomes of future elections. While Hispanics nationwide supported […]
Read More‘We Had a Shortage Last Night of Beds for Babies.’ Congressional Report Reveals Cruelty, Chaos of Family Separation
Congress released the “first complete narrative” on the Trump administration’s “Zero Tolerance” policy on October 30. This hallmark of President Trump’s immigration legacy led to the forcible separation of thousands of children from their parents at the U.S.-Mexico border in 2018. The House Judiciary Committee report provides an in-depth look into a policy marked by […]
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