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Programs:

Appointed Counsel for Children

For children facing deportation, appointed counsel helps ensure a fair and just immigration process.

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CBP Abuse of Authority

The LAC and an alliance of immigration groups, private attorneys and a law school clinic filed complaints targeting nationwide abuses by U.S. Customs and Border Protection (CBP).

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DACA Practice Advisory

This advisory provides detailed analysis about deferred action for young immigrants.

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Asylum Clock

Lawsuit seeks work authorization for asylum seekers.

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Practice Advisory on Immigration Benefits and Pitfalls in a Post-DOMA World

This practice advisory highlights some of the issues LGBT families will face following the Supreme Court ruling on DOMA.

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What's New

On October 21, 2014, The American Immigration Council, the American Civil Liberties Union, the National Immigration Project of the National Lawyers Guild and co-counsel, the National Immigration Law Center and Jenner & Block, LLP., filed a lawsuit under the Freedom of Information Act to compel the release of government documents regarding the expedited removal process against families with children, including those detained by DHS in Artesia, New Mexico. 

On September 19, 2014, The American Immigration Council and the American Immigration Lawyers Association (AILA) filed an amicus curiae brief in Simply Soup Ltd. d/b/a NY Soup Exchange, ETA Case No. A-08322-06241, 2012-PER-00940, urging the Board of Alien Labor Certification Appeals to reaffirm that due process and fundamental fairness are essential components of the PERM adjudication process.

On August 27, 2014, With hundreds of thousands of DACA recipients preparing to seek DACA renewal, and with many more potentially eligible individuals who have yet to step forward, American Immigration Council announced the release of one new and one updated Practice Advisory designed to benefit lawyers representing undocumented youth. 

On August 22, 2014, The American Immigration Council, American Civil Liberties Union National Immigration Project of the National Lawyers Guild, and National Immigration Law Center sued the federal government to challenge its policies denying a fair deportation process to mothers and children who have fled extreme violence, death threats, rape, and persecution in Central America and come to the United States seeking safety.

On July 21, 2014, the District Court for the Western District of Washington issued a final approval of the settlement agreement in Duran Gonzalez, a Ninth Circuit-wide class action lawsuit regarding eligibility for adjustment of status under INA § 245(i).  Read the Settlement Agreement and our Q&A for a full explanation of who qualifies as a class member and what steps class members must take in order to seek relief.

On July 9, 2014, the American Immigration Council and co-counsel, the American Civil Liberties Union, Northwest Immigrant Rights Project, Public Counsel, and K&L Gates LLP, filed a nationwide class-action lawsuit on behalf of thousands of children who are challenging the federal government's failure to provide legal representation as it carries out deportation hearings against them.

On June 30, 2014, the American Immigration Council, in collaboration with the ABA Commission on Immigration and Penn State Law’s Center for Immigrants’ Rights, issued Notices to Appear: Legal Challenges and Strategies, a practice advisory that provides strategies for attorneys to cancel, mitigate, or challenge the contents of an NTA.

On June 17, 2014, the American Immigration Council released a new issue of its docket. Among other topics, this issue discusses our litigation involving eligibility for 212(h) waivers; adjustment of status for individuals granted TPS, but who entered without admission; and whether Border Patrol Agents can be liable for damages for Fourth Amendment violations.

On May 19, 2014, the American Immigration Council, in collaboration with AILA, filed an amicus brief in the Eighth Circuit urging the court to grant a petition for rehearing or rehearing en banc and join the six other courts of appeals which interpret the hardship waiver in INA § 212(h) broadly.  Read more about the Council’s work on this issue here.

On March 26, 2014, the American Immigration Council, in collaboration with the Northwest Immigrant Rights Project, the National Immigration Project of the National Lawyers Guild, and the ACLU of San Diego and Imperial Counties launched HoldCBPAccountable.org, a website that catalogues lawsuits and administrative complaints brought against U.S. Customs and Border Protection (CBP). Read More...

On March 14, 2014, the plaintiffs and the government submitted a proposed settlement agreement to the court in the Duran Gonzalez class action. Read our announcement about the case, the proposed settlement and next steps.

On March 6, 2014, the American Immigration Council and the Northwest Immigrant Rights Project filed an amicus curiae brief urging the court to find that noncitizens granted Temporary Protected Status (TPS) are eligible to apply for lawful permanent residence, even if they originally entered the United States without being admitted or paroled.

On March 5, 2014, the court issued an opinion in our FOIA suit against ICE, finding that ICE has not demonstrated that it conducted an adequate search for records regarding its policies on access to counsel. Read more about this litigation and other related access to counsel FOIA requests here.

On February 18, 2014, the American Immigration Council, AILA, and other stakeholders submitted comments in response to DHS’s proposed new DACA application form and instructions.

On February 5, 2014, the LAC released an updated practice advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, to reflect extensive changes to EOIR and USCIS policies pursuant to the settlement agreement of the nationwide class action, ABT. v. USCIS, which challenged policies related to employment authorization for asylum applicants.

Along with co-counsel, the LAC also issued an update of Frequently Asked Questions About the Asylum Clock Class Action Lawsuit to answer questions about the benefits provided under the settlement agreement.

Practice Advisories

Deferred Action for Childhood Arrivals

Screening Potential DACA Requestors for Other Forms of Relief

Notices to Appear

Requesting Attorneys' Fees Under the Equal Access to Justice Act

Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock

Seeking a Judicial Stay of Removal in the Court of Appeals

Motions to Suppress in Removal Proceedings:  Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection

Advance Parole for Deferred Action for Childhood Arrivals (DACA) Recipients

Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment Violations by State and Local Law Enforcement Officers

Immigration Benefits and Pitfalls for LGBT Families in a Post-DOMA World

The Child Status Protection Act

Immigration Lawsuits and the APA: The Basics of a District Court Action

Moncrieffe v. Holder: Implications for Drug Charges and Other Issues Involving the Categorical Approach

Reinstatement of Removal

The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review

Motions to Suppress in Removal Proceedings: A General Overview

“Brief, Casual and Innocent” Absences from the United States

Inspection and Entry at a Port of Entry: Where is There an Admission?

Return to the United States After Prevailing on a Petition for Review or Motion to Reopen or Reconsider

Challenging Matter of E-R-M-F- & A-S-M-: Warrantless Arrests and the Timing of Right to Counsel Advisals

Dent v. Holder and Obtaining Documents from the Government While in Removal Proceedings