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How Biden Can Reform Immigration Enforcement and Detention

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.  When the Biden administration takes office on January 20, it will have both the opportunity and responsibility to begin the difficult work of reforming immigration enforcement in the United States. […]

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Challenging Drastic Immigration Court Fee Increases That Limit Access to Justice

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.

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Increase in Indefinite ICE Detention Without Foreseeable Removal Dates During COVID-19 Pandemic

Every year, U.S. Immigration and Customs Enforcement (ICE) deports tens of thousands of noncitizens who have final orders of removal. These removals require the cooperation of foreign governments in receiving deportation flights, providing travel documents or other verification of citizenship for the deported person, and in some cases issuing visas to ICE escorts. In some […]

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Groups Sue Trump Administration Over Immigration Courts Fee Increases and Access to Justice

The American Immigration Council, the National Immigration Law Center and Gibson, Dunn & Crutcher filed a federal lawsuit challenging the Trump administration’s new rule that drastically increases fees across-the-board in immigration proceedings.

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USCIS and ICE Must Give People Access to Their Immigration Files After Losing Lawsuit

People who need access to their government immigration records scored a huge victory in the Nightingale et al. v. USCIS case on December 17. A judge ruled that a nationwide class of individuals should have access to their immigration files—called A-Files—within the timeframes outlined in the Freedom of Information Act (FOIA) statute. A-Files contain records […]

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TPS Extended Another 9 Months for Certain Countries, While Calls for Expanding Protection Increase

The Department of Homeland Security (DHS) issued an important announcement on December 9 about the Temporary Protective Status (TPS) designations for people from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. TPS recipients from these six countries received an additional nine-month permission to remain and work in the United States. There has also been increased […]

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District Court Orders Immigration Agencies to Produce Immigration Case Files in First of Its Kind Class Action

Judge William H. Orrick granted summary judgment in favor of two nationwide classes suing DHS, USCIS, and ICE for failing to timely produce the class members’ immigration files (A-Files). The court ordered the agencies to clear their backlogs by responding to the more than 40,000 thousand cases outstanding within 60 days.

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Council Submits Amicus Brief Supporting Reversal of USCIS’ Misinterpretation of the First Regulatory Test for an H-1B Specialty Occupation

The American Immigration Council filed this brief in support of a U.S. employer’s challenge to the U.S. Citizenship and Immigration Service’s denial of a computer programmer H-1B petition.

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Congressional Democrats Announce One of the Most Progressive Immigration Reform Plans in History

Progressive Democrats in the House of Representatives are gearing up to demand a comprehensive overhaul of the U.S. immigration system when the Biden administration and a new Congress are in place early next year. This reform effort will go beyond reversing the Trump administration’s extreme anti-immigrant policies, with the stated goal of “creating a fair […]

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Asylum Is In Danger After Court Upholds Rushed Screening Process at the Border

The Trump administration secretly implemented one of its most horrific attacks on America’s long tradition of asylum—holding asylum seekers in U.S. Customs and Border Protection (CBP) custody during their initial asylum interview. The “Prompt Asylum Claim Review” and “Humanitarian Asylum Review Process,” (“PACR/HARP”) put in place in October 2019, marked the first time in American […]

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