Immigration Benefits and Relief

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June 19, 2013
One of the themes that emerged from the Senate Judiciary Committee mark up of the 2013 Senate immigration bill was the necessity of avoiding the mistakes of the past. In the context of legalization...
April 29, 2013
Today in the United States, Lesbian, Gay, Bisexual, and Transgender (LGBT) Americans who fall in love with and marry foreign nationals are being asked to choose between country and spouse, country...
October 16, 2012
There are roughly 1.8 million immigrants in the United States who might be, or might become, eligible for the Obama Administration’s “deferred action” initiative for unauthorized youth brought to...
August 17, 2012
Here's what you need to know about the “Deferred Action for Childhood Arrivals” (DACA) initiative, including eligibility requirements and important information on process and timing.
June 22, 2012
There are an estimated 1.4 million children and young adults in the United States who might benefit from President Obama’s...
May 14, 2012
How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases,...
April 11, 2012
Discretion takes many forms throughout the immigration enforcement process. Every removal of a noncitizen from the United States, for example, reflects a series of complex choices which reflect...
December 15, 2011
Immigration law is highly complex. Determining which non-citizens are “lawfully” or “unlawfully” present and whether they should be allowed to stay in the United States are complex matters which...
July 20, 2011
On June 17, 2011, Immigration and Customs Enforcement (ICE) Director John Morton issued two significant memoranda on the use of prosecutorial discretion in immigration matters. Prosecutorial...
December 2, 2010
Each year, tens of thousands of undocumented immigrant students graduate from American high schools and embark on uncertain futures. Their inability to legally work and receive financial aid stalls...
The American Immigration Council has filed a class action lawsuit against officials at the U.S. Citizenship and Immigration Services and U.S. Department of Homeland Security in a federal district court in New York, challenging the government’s unlawful practice of depriving certain Temporary Protected Status (TPS) holders with close family relationships or employment in the United States from becoming lawful permanent residents.
February 19, 2018
In the case, Attorney General Jeff Sessions referred to himself questions related to administrative closure. This move by Sessions could signal an attempt to end administrative closure altogether—which could force over 350,000 immigrants back into immigration court, exacerbating the challenges of an already overburdened immigration court system.
The Controlled Application Review and Resolution Program (CAARP) is a secret and unlawful government vetting program that targets thousands of applicants who are Muslim or from certain Muslim-majority countries for delay or denial of immigration benefits.
September 13, 2017
The statement addresses the impact of the President's decision to end Deferred Action for Childhood Arrivals (DACA), as well as shares our analysis and research on how immigrants play a vital role in our nation's economy.
March 31, 2017
The Council, with the American Immigration Lawyers Association, filed this amicus brief arguing that a grant of TPS satisfies the “admission” requirement for adjustment of status under INA § 245(a) and that, as a result, an individual who entered without inspection and later received a grant of TPS has been “admitted” and may adjust to lawful permanent resident status if otherwise eligible.
October 19, 2016
The Council, along with amici the University of Houston Law Center, AILA, and others, submitted a brief in response to a request from the Board of Immigration Appeals, arguing that lawful permanent residents who were initially admitted to the United States after being waved through a port of entry were eligible for cancellation of removal on the grounds that they had been “admitted in any status,” a requirement of the cancellation statute.
March 7, 2016
The American Immigration Council, in collaboration with the National Immigration Law Center, the Service Employees International Union, the Advancement Project, LatinoJustice PRLDEF, and the Leadership Conference on Civil and Human Rights, filed an amicus brief on behalf of 320 other immigrants’ rights, civil rights, labor and social service organizations, urging the Supreme Court to lift the injunction that blocked the deferred action initiatives that President Obama announced in November 2014. In the brief, the groups outline how families and communities would benefit from the initiatives. The brief also provides examples of parents and individuals who would be able to contribute more fully to their communities if the immigration initiatives were allowed to take effect. The oral argument is scheduled for April 18, 2016.
November 4, 2015
INA § 203(h)(3) provides alternate benefits - specifically, retention of the original priority date and automatic conversion of the petition - for beneficiaries who are found to have "aged out" under the age preservation formula of the CSPA. The Council opposed the BIA’s restrictive interpretation of this provision in In amicus curiae briefs filed with several Courts of Appeals and the Supreme Court, arguing that it should be found to apply to a larger universe of aged-out children. Ultimately, the Supreme Court upheld the BIA’s interpretation.
Faced with increasing reports from immigration lawyers of Employment Authorization Documents adjudication delays, the Council and several partners filed this lawsuit against USCIS and DHS.
April 6, 2015
The American Immigration Council and its partners, the National Immigration Law Center and the Service Employees International Union, filed an amicus brief arguing that the Texas federal district court order blocking expanded DACA and DAPA should be reversed. The brief, filed on behalf of more than 150 civil rights, labor, and immigration advocacy groups, argues that these deferred action initiatives will have significant and widespread benefits on the U.S. economy, individual immigrants, their families, and their communities. The brief also includes examples of the government’s exercise of its discretion to deny requests under the initial DACA program to refute the district court’s conclusion that such cases are not adjudicated on a case-by-case basis.
November 18, 2015
This Practice Advisory provides updated information about Initial Deferred Action for Childhood Arrivals (DACA) as well as the DACA Renewal process. It offers strategic advice for attorneys representing individuals who may qualify for DACA. The American Immigration Council issued this Advisory jointly with the American Immigration Lawyers Association and the National Immigration Project of the National Lawyers Guild.
November 1, 2015
This Practice Advisory discusses the impact of an interim rule repealing two former regulations which barred all “arriving aliens” from adjusting status if they are in removal proceedings. This Advisory provides a brief history leading to the rule, defines key terms, discusses the impact of the rule, and suggests steps that a parolee can take to benefit from the rule.
October 22, 2015
This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status.
March 18, 2015
This Practice Advisory, updated following the issuance of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can influence the favorable exercise of prosecutorial discretion by ICE, CBP and USCIS officers.
February 5, 2015
This Practice Advisory provides an overview of the CSPA, its effective date, and its interpretation and implementation by USCIS, the U.S. Department of State, the Board of Immigration Appeals, and the courts.
February 5, 2014
The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD).
January 21, 2014
This Practice Advisory provides background information about requesting stays of removal from the court of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who are successful on their appeal.
November 20, 2013

This Practice Advisory discusses the "departure bar" to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.

October 23, 2013
Section 336(b) of the INA, 8 U.S.C. § 1447(b), gives a district court jurisdiction to intervene in a case where USCIS has failed to make a decision on the naturalization application within 120 days of the applicant’s “examination” by USCIS. This Practice Advisory discusses the nuts and bolts of bringing a suit under INA § 336(b). It also discusses when attorneys fees under the Equal Access to Justice Act are available.
August 5, 2013
On June 26, 2013, the U.S. Supreme Court issued a landmark decision in United States v. Windsor, holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. This practice advisory highlights some of the issues LGBT families will face in a post-DOMA world.
July 15, 2020

Update: On August 3, 2020, a federal court in Ohio granted a temporary restraining order requiring USCIS to print a work permit within 7 days for all individuals who had been approved for one. The...

July 7, 2020

As the COVID-19 pandemic continues to surge across the United States, many universities have chosen to temporarily move to online-only classes to protect public health. However, new guidance from...

June 24, 2020

The Department of Homeland Security (DHS) will finalize a new regulation on June 26 which will strip most asylum seekers of the right to seek work authorization. The rule imposes sweeping new...

June 18, 2020

The Supreme Court issued its long-anticipated decision in DHS v. Regents of the University of California—the case challenging the administration’s attempt to dismantle the Deferred Action for...

June 15, 2020

My name is Sonia Martinez. I am a Certified Nursing Assistant working to help treat patients with COVID-19 at University of Colorado Hospital in Aurora, Colorado. I am also one of the 650,000...

May 14, 2020

The coronavirus has disrupted all our lives. Native-born Americans and noncitizens across the United States are experiencing many of the same challenges—the disruptions to day-to-day life, the...

April 24, 2020

In a 5-4 decision on April 23, the U.S. Supreme Court expanded the types of criminal offenses that bar green card holders from seeking a form of relief from deportation. The case, Barton v. Barr,...

March 25, 2020

The coronavirus outbreak has significantly disrupted the operations of government agencies around the country, including U.S. Citizenship and Immigration Services (USCIS). USCIS is the agency that...

February 12, 2020

A federal district court stopped U.S. Citizenship and Immigration Services (USCIS) from drastically changing how the agency determines when a foreign student or exchange visitor is “unlawfully...

January 22, 2020

Iranian students coming to the United States are being stopped at airports, having their visas revoked, and are being deported. Advocates warn this trend is emerging less than a month after...

July 1, 2019
A report on interior immigration enforcement by the American Immigration Council examines newly disclosed government data on the Trump administration’s aggressive enforcement agenda. The report, “Changing Patterns of Interior Immigration Enforcement in the United States, 2016–2018,” reveals that U.S. citizens and immigrant women have become increasingly vulnerable to immigration enforcement actions under the administration.
February 28, 2019
The Trump administration’s immigration enforcement policies have increased immigrants’ vulnerability to swift deportation, making the ability to access safeguard more important than ever. The American Immigration Council and the Kathryn O. Greenberg Immigration Justice Clinic at Benjamin N. Cardozo School of Law filed a lawsuit to disclose critical information about how the Board of Immigration Appeals interprets legal safeguards that would allow these individuals to seek reopening or reconsidering of their immigration cases, and prevent the irreparable harms that can result from deportation.
August 2, 2018
A judge ordered last week that United States Citizenship and Immigration Services (USCIS) must adjudicate work authorization applications for asylum seekers within the prescribed 30-day deadline.
February 22, 2018
In violation of the Immigration and Nationality Act, USCIS denies the green card applications of Temporary Protected Status (TPS) holders who first entered the United States without going through an inspection process at a port of entry, ignoring the fact that they subsequently were inspected and admitted when they were granted TPS.
February 21, 2018
The American Immigration Council, joined by several other immigration groups, submitted an amicus brief that argues that due process requires an impartial adjudicator and that Sessions’ anti-immigrant statements and actions prevent him from acting as one. The brief lays out Sessions’ decades-long public record of anti-immigrant statements, including specific statements evidencing prejudgment of issues in the case, and urges Sessions to either vacate the referral order or recuse himself from the case.
October 8, 2017
The White House released its long anticipated, "Immigration Principles and Policies," which lay out many of the already-stated aspirations of the Trump administration on immigration. The laundry list represents a wholesale attack on immigration and immigrants. It includes not only limits on immigration generally, but enables mass deportations and envisions bypassing necessary procedures that protect children and asylum seekers.
July 19, 2017
U.S. District Court Judge James Robert granted a motion to certify a nationwide class in Northwest Immigrant Rights Project v. USCIS, recognizing that USCIS must adjudicate asylum seekers’ employment authorization applications within 30 days if they are submitted in a timely manner.
January 30, 2017
The lawsuit is filed on behalf of United States citizens and lawful permanent residents who have filed visa petitions for their immediate family members who are nationals of the seven countries.
June 23, 2016

Washington D.C. - Today, the Supreme Court issued a 4-4 decision in United States v.

April 18, 2016

Washington D.C. - Today, the Supreme Court heard oral arguments in United States v. Texas.

December 7, 2020

A federal judge in New York has overturned the Trump administration’s latest effort to limit the Deferred Action for Childhood Arrivals (DACA) initiative. DACA temporarily protects certain people...

December 1, 2020

The incoming Biden-Harris administration has announced its choice for secretary of the Department of Homeland Security: Alejandro Mayorkas. If confirmed, Mayorkas will represent several historic...

November 16, 2020

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...

November 5, 2020

As the COVID-19 pandemic continues to rage inside ICE detention centers, hundreds of Cubans who cannot be deported, continue to be detained by U.S. Immigration and Customs Enforcement (ICE). They...

November 2, 2020
This Practice Advisory addresses USCIS’ reversal of its longstanding policy of treating authorized travel by Temporary Protected Status holders as “parole” for adjustment or status.
October 22, 2020
The proposal would negatively impact American colleges and universities and foreign students seeking a higher education degree in the United States and have long-term effects for the legal immigration system.
October 6, 2020

This document provides a summary of the Department of Homeland Security's September 25, 2020, Proposed Rule, "...

September 15, 2020
This new rule will increase the total number of people who are required to submit biometric data from 3.9 million currently to 6.07 million—an increase of more than 60%.
August 27, 2020
This fact sheet provides an overview of the Dream Act and other similar legislative proposals, explains changes made to DACA on March 13, 2019, and provides information about policies at the state...
August 26, 2020

U.S. Citizenship and Immigration Services (USCIS) told Congress in May that it was running out of money and would need a $1.2 billion bailout to maintain its operations without major disruptions....

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