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Lawsuit Now Covers Hundreds of H-1B Petitions for Market Research Analyst Positions Filed by American Businesses
A federal judge has granted class certification in MadKudu Inc., et al. v. USCIS, et al., a lawsuit challenging U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analyst positions filed by businesses in the United States.
Read MoreFederal Court Invalidates Changes to DACA Because Chad Wolf Was Unlawfully Appointed
A judge has ruled that recent changes to Deferred Action for Childhood Arrivals (DACA) that were a veiled attempt to gut the program are invalid because Chad Wolf—the acting secretary of the Department of Homeland Security (DHS)—was not lawfully appointed to his position. The federal judge’s decision may signal that other immigration policies enacted under […]
Read MoreCouncil Files FOIA Lawsuit to Expose Immigration Enforcement in Federal Prisons
The American Immigration Council filed a Freedom of Information Act (FOIA) lawsuit on behalf of the University of California (UCLA) School of Law Professor Ingrid Eagly seeking to uncover the scope and operation of immigration enforcement within the Federal Bureau of Prisons (BOP) facilities. Why Was this Freedom of Information Act (FOIA) Request Filed? The Institutional Hearing […]
Read MoreUSCIS Is Proposing an H-1B Rule That Ignores Why the Category Exists
U.S. Citizenship and Immigration Services (USCIS) recently issued a proposed rule that will change the way it selects the registrations of U.S. employers that want to file H-1B petitions subject to the annual “cap.” USCIS will now give preference to jobs with the highest wages. But the law establishing the H-1B visa category does not […]
Read MoreCouncil Files Amicus Brief on Opportunity for Detained Migrants with Prior Removal Orders Seeking Humanitarian Protection to be Released on Bond
The amicus brief in Pham v. Guzman Chavez urges the Supreme Court to find that the pre-final order detention statute applies to detained noncitizens with prior removal orders who have meritorious claims for a form of humanitarian protection known as withholding of removal.
Read MoreBiden’s Immigration Plan Is a Promising Start in the Work Ahead
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. President-elect Joe Biden’s plan on immigration stands in stark contrast to the xenophobic agenda the Trump administration has put forward the last four years. Much of Biden’s plan revolves around […]
Read MoreAmerican Immigration Council Asks U.S. Supreme Court to Ensure Bond Hearings for Certain Immigrants Seeking Protection in the United States
The American Immigration Council, other immigrant rights organizations, and legal service providers filed a friend-of-the-court (or amicus) brief with the U.S. Supreme Court. The brief urges the justices to find that immigrants who seek humanitarian protection from removal should have access to bond hearings—instead of being subjected to mandatory detention.
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 MoreMaking the Case for Ending Immigration Detention
Immigration detention was dangerous before President Trump took office four years ago. His policies—coupled with a deadly global pandemic—have only made the situation more dire. Immigration detention has expanded in the past decade, driven largely by large private prison companies such as CoreCivic and GEO Group. These companies’ sole motivation is to maximize their profit […]
Read MoreCourt Protects Some TPS Holders’ Right to Apply for Green Cards
The U.S. Court of Appeals for the 8th Circuit ruled that certain people with Temporary Protected Status (TPS) can apply for green cards without leaving the United States. In Velazquez v. Barr, the Court held that receiving TPS is treated as an “inspection and admission” when someone applies for a green card. These prerequisites are […]
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