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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 MoreLegal Service Providers Sue to Remove Barriers to Access to Counsel in Immigration Detention
Legal service organizations have sued U.S. Immigration and Customs Enforcement (ICE) for preventing people jailed at four immigration detention centers from having meaningful access to their lawyers. The barriers to attorney access at these facilities illustrate ICE’s failure to protect the fundamental rights of detained immigrants nationwide. At any given time, ICE detains tens of […]
Read MoreMidterms 2022: How and Where Immigrants Have Helped Create a More Diverse Electorate
With the 2022 midterm elections just weeks away, all eyes are shifting to states where close races are expected. A lot has changed since the last midterm elections in 2018—including the demographics of the American electorate. The 2020 Census has already shown how the U.S. population has continued to diversify. This demographic change is now […]
Read MoreBiden Administration’s New Public Charge Rule Should End Fear of Trump Wealth Test
Three years ago, the Trump administration sent fear throughout immigrant communities across the nation with its Public Charge rule, which functioned as a wealth test for green card applicants. This fear had been amplified by a leaked draft of the rule in 2018, which would have punished intending immigrants whose U.S. citizen children received a […]
Read MoreHispanics in the US: What the Data Reveals About Shifting Geography, Ancestry, and Voting Patterns
This Hispanic Heritage Month, we look at the most recent Census and data to highlight the importance of Hispanics in the United States. For those wondering why Hispanic Heritage Month starts mid-month rather than on the first of September, the Month starts on September 15, coinciding with the independence days of several Latin American countries. […]
Read MoreBiden Administration Close to Reaching Increased Cap on Employment-Based Green Cards
The Biden administration is close to using all of the employment-based immigrant visas (green cards) allotted for Fiscal Year (FY) 2022. U.S. Citizenship and Immigration Services (USCIS) announced that as of August 31, a total of 263,510 employment-based immigrant visas had been used this fiscal year (FY)—close to the limit of 281,507. This is a […]
Read MoreFact Check: Migrants Aren’t the Ones Smuggling Fentanyl Into the United States
There is no doubt that fentanyl is a major problem inside the United States. Over the last decade, rising availability of fentanyl has caused a spike in overdose deaths across the nation. In 2021, almost 90% of opioid overdose deaths were linked to fentanyl. The criminal networks that produce and distribute fentanyl are vast and […]
Read MoreThe Center for Inclusion and Belonging Announces its Belonging Innovation Laboratory Fellowship Winners
The Center for Inclusion and Belonging at the American Immigration Council announces the twelve organizations chosen to join its inaugural Belonging Innovation Lab Fellowship to bridge differences through their community-based programs and activities.
Read MoreHouse GOP’s Immigration Framework Recreates Trump’s Border Wish List
As midterm election season heats up, House Republicans on the “American Security Task Force” have produced a new framework for what they say is a plan to “secure the border.” Despite the claim of new ideas to tackle the situation at the border, the framework is almost identical to prior legislative and administrative efforts under […]
Read MoreThe Removal System of the United States: An Overview
This fact sheet provides an explanation on how noncitizens may find themselves facing deportation from the country, how the removal proceeding may look, what types of relief can be sought after a removal order is issued, and ICE’s role during the removal period.
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