Our Litigation & Advocacy |
The American Immigration Council's Legal Action Center engages in impact litigation to protect and advance the rights of noncitizens. The LAC frequently submits briefs as amicus curiae (friend of the court) before administrative tribunals and federal courts, including the U.S. Supreme Court, and files affirmative lawsuits in limited circumstances.
Our Affirmative Lawsuits
Adjustment of Status Under § 245(i) for Noncitizens Previously Removed (Duran Gonzalez Class Action)
This class action lawsuit challenges the Department of Homeland Security's willful refusal to follow the precedent I-212 decision of the Ninth Circuit in Perez-Gonzalez v. Ashcroft.
Adjustment of Status for Asylees (Ngwanyia Class Action)
AILA v. DHS is a FOIA lawsuit seeking the public release of records concerning agency policies and procedures for the "H-1B" visa program – a program which allows U.S. businesses to temporarily employ highly-skilled foreign workers.
The class action lawsuit, which we prepared but ultimately did not have to file, argued that the government must comply with its own regulations and policies and accept the "green card" applications of tens of thousands of intending immigrants.
The LAC's credible threat to sue the U.S. Department of Labor has caused the DOL to agree to reopen Backlog Elimination Center (BEC) cases erroneously closed for alleged failure to respond to a 45-day letter. 30- DAY DEADLINE FOR RESPONDING!
This lawsuit challenges INS' failure to timely adjudicate applications under the Family Unity Program.
This LAC lawsuit successfully compelled the INS to issue long-awaited regulations implementing § 343 of the Illegal Immigration Reform and Immigrant Responsibility Act for certain healthcare workers who were waiting to become lawful permanent residents.
Advocacy Topics
- Adjustment of Status When Admission Involved Fraud or Misrepresentation
- APA Appeals
- "Arriving Aliens" and Adjustment of Status
- Asylum Clock
- BIA Procedures
- Categorical Approach
- Child Status Protection Act
- Detainers
- DOMA (Defense of Marriage Act)
- Immigrant Visa Petitions and Degree Equivalences
- Ineffective Assistance of Counsel
- K-2 Visa Holders
- Mandamus Appeals
- Motions to Reopen from Outside the Country
- Naturalization
- "Parole" and Adjustment of Status
- Physicians and National Interest Waivers
- Portability under INA § 204(j)
- REAL ID
- Reinstatement of Removal/Deportation
- Service of BIA decisions
- VAWA
- Ventura and the Remand Rule
- Voluntary Departure
Victories
Eleventh Circuit Holds that Filing Limitations on Motions to Reopen Are Subject to Equitable Tolling
Federal Judge Orders USCIS to Release Records on Access to Counsel
LAC Wins Release of H-1B Fraud Documents for AILA
Legal Action Center Welcomes Ninth Circuit’s Decision on Child Status Protection Act
Another Court Upholds Immigrants' Right to Pursue Case From Outside the U.S.





