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Testimony submitted to the Senate Judiciary Committee for May 18, 2011 hearing, “Improving Efficiency and Ensuring Justice in the Immigration Court System.”
Addressing access to counsel, effective assistance of counsel, protections for noncitizens lacking mental competency, the employment authorization employment clock, and the departure bar to motions to reopen.
Read MoreLetter to DOJ in response to request for comments regarding the Department’s review of its existing regulations (Mar. 31, 2011)
Regarding the departure bar to motions to reopen, ineffective assistance of counsel, fair removal procedures for noncitizens with mental disabilities, and asylum clock problems.
Read MoreComments on EOIR’s proposed rule on streamlining BIA cases (Aug. 18, 2008)
Addressing the BIA’s affirmance without opinion process, three-member panel decisions, and precedent decisions, as well as exhaustion of administrative remedies and the scope of administrative review
Read MoreProviding a Safety Valve: The Need for Greater Discretion in Immigration Decision Making (Jun. 6, 2013)
Discussing efforts in S. 744, “The Border Security, Economic Opportunity, and Immigration Modernization Act,” to restore a measure of discretion and flexibility to the immigration system.
Read MoreLetter to EOIR recommending possible steps to take to protect the right to effective assistance of counsel (Nov. 12, 2009)
In November 2009, the American Immigration Council sent a letter to the Executive Office for Immigration Review recommending steps the immigration courts and the Board of Immigration Appeals can take to protect the right to effective assistance of counsel and help ensure that noncitizens in removal proceedings are afforded a fair hearing.
Read MoreAmicus Letter, urging reconsideration of Compean I (Feb. 6, 2009)
Urging Attorney General Holder to vacate Matter of Compean, 24 I & N Dec. 710 (A.G. 2009), which he later did in Matter of Compean, 25 I&N Dec. 1 (A.G. 2009)
Read MorePetition for Rulemaking to Amend Regulations Governing Motions to Reopen and Reconsider Removal Proceedings for Noncitizens Who Depart the United States (submitted Aug. 6, 2010)
The Council submitted a Petition for Rulemaking to the Department of Justice and the Executive Office for Immigration Review, urging the Department to rescind the regulation barring post-departure motions to reopen.
Read MoreLetter to DHS Secretary Janet Napolitano (submitted Feb. 9, 2012)
This sign-on letter expresses concerns about DHS’s implementation of the new prosecutorial discretion policy, including the agency’s failure to grant work authorization to those who receive a favorable exercise of discretion. The letter also makes recommendations to ensure that DHS fulfills its pledge to implement an effective and fair prosecutorial discretion policy nationwide.
Read MoreNIJC Recommendations Regarding Implementation of the Prosecutorial Discretion Initiative (submitted Sep. 30, 2011)
This letter to several Administration officials was submitted in response to the DHS/White House announcement on August 18, 2011 that it would form a “Prosecutorial Discretion Working Group” to review pending removal cases and identify low priority cases for administrative closure. The letter urges the government to address some of the key practical challenges to […]
Read MoreMemorandum, “Executive Branch Authority Regarding Implementation of Immigration Laws and Policies” (April 29, 2011)
This memorandum, which was released by the American Immigration Council and co-signed by two general counsels of the former Immigration and Naturalization Service, offers an overview of the scope of executive branch authority and outlines specific steps the Administration could take to forestall removals in sympathetic cases.
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