Filter
Understanding Justice Kennedy’s “Upside Down” Argument in U.S. v. Texas
On April 18, the United States Supreme Court heard oral arguments in United States v. Texas, a case brought by 26 states to challenge President Obama’s frozen deferred action programs, known as Deferred Action for Childhood Arrivals Plus (expanded DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). While the oral […]
Read MoreCriminal Alien Program (CAP) FOIA Documents
American Immigration Council and AILA’s Connecticut chapter initially sought records related to CAP through a FOIA request to ICE in December 2011. When ICE refused to release records responsive to the request, Plaintiffs filed suit under FOIA for declaratory and injunctive relief to compel the disclosure and release of agency records improperly withheld by DHS and its component ICE
Read MoreUndocumented Children Face These Challenges in Accessing Public Education
Unaccompanied children arriving from Central America face many challenges – post-traumatic stress, facing a judge without an attorney, separation from their families, and the fear of being returned to their home countries, among others. Receiving the public education to which they are entitled should not be one of those challenges. However, a recent report from […]
Read MoreThese Two States Are Pushing Back on Private Immigration Detention
Immigration detention is being addressed at the state and local level in a variety of ways. In Indiana, local advocates are opposing a new private detention facility, and in California, legislators are attempting to limit private detention and enforce national detention standards. California State Senator Ricardo Lara recently introduced the “Dignity not Detention Act” (SB […]
Read MoreDefending 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 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 MoreResponse to DHS’s request for comments in connection with a review of existing regulations (submitted April 13, 2011)
Reducing Regulatory Burden; Retrospective Review Under Executive Order 13563, 76 Fed. Reg. 13526 (Mar. 14, 2011)
Read MoreVelasquez-Garcia v. Holder – Seventh Circuit
One requirement of the age-preservation formula of the CSPA is that the beneficiary must have “sought to acquire” lawful permanent resident status within one year of the visa becoming available. INA § 203(h)(1). The Council’s amicus brief argued for a more expansive interpretation of “sought to acquire” than the BIA’s interpretation in Matter of O. Vasquez, 25 I&N Dec. 817 (BIA 2012). On July 23, 2014, the court issued a decision upholding the Board’s interpretation but remanding the case after finding that, under the facts presented, the retroactive application of Matter of O. Vasquez to the petitioner would work a manifest injustice. Velasquez-Garcia v. Holder, 760 F.3d 571 (7th Cir. 2014).
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.
Read MorePolls Show Millennials More Likely to Reject Deportation and Support Path to Citizenship
In contrast to the virulent anti-immigrant rhetoric coming from several presidential candidates, new polling shows that the majority of Americans – 62 percent – support allowing undocumented immigrants to legalize and become U.S. citizens, while only 19 percent said they should be deported. Even in Arizona, a state known for its anti-immigrant legislation, more than […]
Read MoreMake a contribution
Make a direct impact on the lives of immigrants.
