Immigration Benefits and Relief

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

Recent Features

All Immigration Benefits and Relief Content

September 3, 2019
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...
July 18, 2018
This fact sheet provides an overview of how USCIS calculates processing times and the concerns over the accuracy of these estimates.
October 28, 2016
This Fact Sheet provides background on the three- and ten-year bars and waivers, and explains the recent regulatory changes.
June 28, 2016
This fact sheet provides an overview of the lawsuits that have challenged expanded DACA and DAPA. It explains the legal claims, the court decisions, and the process.
April 11, 2016
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...
February 1, 2016
DACA has helped its beneficiaries find employment and increase their earnings. But, even with better jobs, not all DACA beneficiaries in our study were able to afford tuition at four-year...
August 26, 2014
The President has the legal authority to make a significant number of unauthorized migrants eligible for temporary relief from deportation that would be similar to the relief available under the...
June 16, 2014
This week marks the two-year anniversary of the Deferred Action for Childhood Arrivals (DACA) Program, first initiated by President Obama on June 15, 2012. This research brief presents current...
August 15, 2013

As Congress continues to debate immigration reform, August 15th marks the one-year anniversary of the Deferred Action for Childhood Arrivals (DACA)...

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...
November 12, 2019

Under current U.S. immigration law, the immigration service must make a decision on work permit applications filed by asylum seekers within 30 days of their application. The Trump administration...

July 16, 2019
The statement highlights the Council’s concerns regarding systemic U.S. Citizenship and Immigration Services delays in responding to Freedom of Information Act (FOIA) requests.
This nationwide class action lawsuit challenges systemic delays in providing immigration files.
December 11, 2018
The American Immigration Council, with the American Immigration Lawyers Association, filed comments because a financial litmus test should never serve as a measure for who we welcome into our country.
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.
October 22, 2019
This practice advisory provides a brief overview of administrative closure and explains the impact of that decision on the future availability of administrative closure, as well as on cases that are currently administratively closed.
October 4, 2019
This practice advisory summarizes the most common grounds raised by the government in motions to dismiss federal court agency adjudication delay lawsuits and outlines arguments, with supporting authority, that can be made in response.
March 15, 2019
This Frequently Asked Questions document addresses the status of the case and explains options for first time asylum seekers applying for employment authorization.
September 10, 2018
This Practice Advisory provides a practitioner-focused overview of motions to continue a case in removal proceedings, from the basics of making the motion to advanced issues of jurisdictional bars to appellate review of continuances.
December 20, 2017
This practice advisory describes USCIS’ position and offers practical suggestions for filing asylum applications that USCIS is likely to reject for lack of jurisdiction.
September 5, 2017
This Practice Advisory is designed to assist attorneys in determining whether individuals seeking Deferred Action for Childhood Arrivals might be eligible for immigration benefits.
August 1, 2017
This Practice Advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by Customs and Border Protection officers.
March 8, 2017
This Practice Advisory provides basic information about filing an immigration-related mandamus action in federal district court. It discusses the required elements of a successful mandamus action as well as jurisdictional concerns that may arise.
December 1, 2015
The immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD.
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 13, 2019

The Supreme Court heard arguments on November 12 in three cases challenging President Trump’s attempted rescission of the Deferred Action for Childhood Arrivals (DACA) initiative. The Court’s...

November 11, 2019

On November 12, the U.S. Supreme Court will hear oral arguments regarding the legality of President Trump’s 2017 rescission of the Deferred Action for Childhood Arrivals (DACA) initiative. The...

November 7, 2019

The Trump administration is proposing a new rule that would delay work authorization for people seeking asylum in the United States. The move is drawing opposition from advocates across the...

October 31, 2019

At a House Judiciary Immigration Subcommittee Hearing on Tuesday, Congress heard testimony from experts about the impact of recent immigration policies affecting foreign-born military members,...

October 30, 2019

The cost of filing an application for citizenship—usually a hefty $725—has long been a barrier for some immigrants. Now, a change to the naturalization process may leave even more people priced...

October 15, 2019

The Supreme Court began a new session this October, and in the coming months, the justices will hear several high-profile immigration cases. These cases involve the attempted termination of the...

October 1, 2019

Newly released documents obtained under the Freedom of Information Act (FOIA) reveal that U.S. Citizenship and Immigration Services (USCIS) rolled out a major policy change impacting petitions for...

September 11, 2019

U.S. Citizenship and Immigration Services (USCIS) recently proposed a rule that will further delay asylum seekers’ ability to receive work authorization. Under current law, USCIS must grant or...

September 10, 2019

The strongest hurricane to ever hit the Bahamas ripped through the islands last week. In the wake of such devastation, it would not be unusual for the U.S. government to announce temporary...

August 28, 2019

Without so much as a formal announcement, the Trump administration sent letters to families of sick children containing a dire warning: leave the country in 33 days or face deportation and a years...

October 15, 2019
A federal court in San Francisco certified two nationwide classes of immigrants and attorneys claiming that U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement have a systemic pattern and practice of failing to provide access to immigration case records within deadlines set by the Freedom of Information Act. The case records, known as A-files, contain information about individuals’ immigration history in the United States. This is the first time a court has certified a class in a lawsuit alleging a pattern and practice of violating FOIA
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.

November 13, 2019

The Supreme Court heard arguments on November 12 in three cases challenging President Trump’s attempted rescission of the Deferred Action for Childhood Arrivals (DACA) initiative. The Court’s...

November 12, 2019

Under current U.S. immigration law, the immigration service must make a decision on work permit applications filed by asylum seekers within 30 days of their application. The Trump administration...

November 11, 2019

On November 12, the U.S. Supreme Court will hear oral arguments regarding the legality of President Trump’s 2017 rescission of the Deferred Action for Childhood Arrivals (DACA) initiative. The...

November 7, 2019

The Trump administration is proposing a new rule that would delay work authorization for people seeking asylum in the United States. The move is drawing opposition from advocates across the...

October 31, 2019

At a House Judiciary Immigration Subcommittee Hearing on Tuesday, Congress heard testimony from experts about the impact of recent immigration policies affecting foreign-born military members,...

October 30, 2019

The cost of filing an application for citizenship—usually a hefty $725—has long been a barrier for some immigrants. Now, a change to the naturalization process may leave even more people priced...

October 22, 2019
This practice advisory provides a brief overview of administrative closure and explains the impact of that decision on the future availability of administrative closure, as well as on cases that are currently administratively closed.
October 15, 2019

The Supreme Court began a new session this October, and in the coming months, the justices will hear several high-profile immigration cases. These cases involve the attempted termination of the...

October 15, 2019
A federal court in San Francisco certified two nationwide classes of immigrants and attorneys claiming that U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement have a systemic pattern and practice of failing to provide access to immigration case records within deadlines set by the Freedom of Information Act. The case records, known as A-files, contain information about individuals’ immigration history in the United States. This is the first time a court has certified a class in a lawsuit alleging a pattern and practice of violating FOIA
October 4, 2019
This practice advisory summarizes the most common grounds raised by the government in motions to dismiss federal court agency adjudication delay lawsuits and outlines arguments, with supporting authority, that can be made in response.

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending