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
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.
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.
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 class action lawsuit challenges the INS’ failure to adjudicate adjustment applications for asylees.
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
- BIA Procedures
- Categorical Approach
- Child Status Protection 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
Issue Pages
These issue-specific webpages focus on topics being litigated in courts nationwide.
Institute & Meetings
AIC/AILA Litigation Institute, October 8-10, 2010
Strengthen your litigation skills in Leesburg, Va., this fall, via our hands-on, educational format! Now more than ever immigration lawyers need to be equipped to litigate issues on behalf of their clients. This Institute will enable both neophytes and experienced practitioners to acquire new skills, to practice their technique, and to become confident and knowledgeable about litigation in immigration court and in the federal courts. Please see http://www.aila.org/li for registration information.