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Defending DAPA and Expanded DACA Before the Supreme Court
This guide provides brief answers to common questions about United States v. Texas, including what is at stake in the case, how the litigation began, what the contested issues are, and the impact the case may have on our country.
Read MoreH-1B Visa Cap Reached in Five Days for Fourth Consecutive Year
U.S. Citizenship and Immigration Services (USCIS) announced on April 7 that the H-1B cap for fiscal year 2017 was reached—meaning that in five business days, U.S. employers filed more petitions for an H-1B visa to hire a skilled foreign worker than the entire year’s allocation of visas available under current law. This means that USCIS […]
Read MoreImmigrant from South India Helps Walmart Thrive
Zakir Syed would never have imagined that by age 37, he would be working at a high-level job at Walmart, one of the largest employers in Arkansas. Growing up in Karnataka, a state in southwestern India, he lived with his family in a small home without running water or a gas stove. His father worked […]
Read MoreWorld Health Day: How Immigrants are Helping to Keep America Healthy
Today marks World Health Day, and for the first time, the World Health Organization (WHO) will use the day to focus on spreading awareness for a disease that affects approximately 350 million people worldwide: diabetes. WHO is using a superhero-esque ‘Stay Super, Beat Diabetes’ theme to educate the public about this noncommunicable disease, its consequences, and […]
Read MoreWhen Immigrants Are Deported Without Their Belongings or IDs, They Are Placed in Even Greater Danger
26 Mexican nationals say the Department of Homeland Security (DHS) deported them from the El Paso Border Patrol sector, which covers West Texas and all of New Mexico, without their identification, money, cell phones and other possessions, exposing them to greater danger in Mexico and making it nearly impossible to contact friends and family or get […]
Read MoreDeclaration from Arlene Rivera
The attorney desks were located about 10-15 feet away from the ICE officers and so could easily be overheard by them. ICE officers approached us every hour, even during client meetings, to conduct head counts. In addition to the ICE officers, other detainees and their children (who were with their mothers at all times) could […]
Read MoreMantena v. Napolitano – Second Circuit
The Council, with AILA, filed an amicus brief arguing that a district court has jurisdiction to review procedures followed by USCIS to revoke an employment-based visa petition. Amici argue that INA § 242(a)(2)(B), which limits judicial review over certain discretionary decisions, does not preclude review over the question of whether USCIS was required to provide notice of the visa petition revocation proceedings to the beneficiary. This is particularly true where, as in this case, the beneficiary had utilized the “porting” provision of INA § 204(j) to change employers more than 2 ½ years earlier, but USCIS issued its notice of intent to revoke only to the former employer and revoked the petition when the former employer did not respond.
Read MoreAshcroft v. Abbasi (formerly Turkman v. Ashcroft) – U.S. Supreme Court
The Council, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), is seeking to preserve federal court review of damages actions brought by noncitizens for abuse of authority by immigration agents. In actions brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the government routinely moves to dismiss these cases on a variety of jurisdictional grounds, including by arguing that INA § 242(g) bars the court’s review of damages claims in any case involving removal procedures, and that a remedy under Bivens is not available in immigration-related actions. In essence, the government is attempting to deprive those who have been harmed by immigration agents of any remedy in federal court.
Read MoreAvalos-Palma v. United States – District Court for the District of New Jersey
The American Immigration Council and National Immigration Project of the National Lawyers Guild (NIPNLG) are seeking to preserve federal court review of damages actions brought by noncitizens for abuse of authority by immigration agents.
Read MoreHusic v. Holder – Second Circuit
A waiver of removal under INA § 212(h) is not available to an individual who committed an aggravated felony within five years of having previously been “admitted” to the United States as a lawful permanent resident. The Council, with AILA, filed amicus briefs in numerous Courts of Appeals, successfully arguing that the § 212(h) bar to waiver eligibility applies only to noncitizens who were admitted in LPR status at a port of entry, as distinct from those who adjusted to LPR status post-entry.
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