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.

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All Immigration Benefits and Relief Content

August 20, 2021
This fact sheet provides information on provision called “registry” that allows certain non-citizens who are long-term residents of the United States, but who are either undocumented or present in...
August 20, 2021
This fact sheet provides an overview of Documented Dreamers, explains how they can age out of immigration status at 21, and summarizes the current federal legislative proposals to protect them from...
August 3, 2021
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...
August 2, 2021
This fact sheet from the Council provides an overview of how current immigration law allows certain undocumented immigrants to become Lawful Permanent Residents (LPRs) without first having to leave...
July 27, 2021
This fact sheet provides an overview of Deferred Action for Childhood Arrivals (DACA) and prior attempts to dismantle the initiative, as well as its current status.
April 29, 2021
This report analyzes the most significant changes to the legal immigration system made by the Biden administration during its first 100 days in office, and makes recommendations to foster a fair and...
March 16, 2021
This fact sheet provides an overview of the most recent version of the Dream Act and similar legislative proposals.
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...
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%.
July 29, 2020

The American Immigration Council submitted a written statement to the House Committee on Judiciary Subcommittee on Immigration and Citizenship for a July 29, 2020 hearing on "Oversight of U....

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.
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.
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.
June 30, 2021
This practice advisory by the Council and partners provides an overview of the Niz-Chavez v. Garland decision and its impact on eligibility for cancellation of removal; eligibility for post-conclusion voluntary departure and broader applications of the decision.
May 19, 2021

This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response. It discusses the...

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.
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.
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 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.
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.
July 19, 2021

Nearly a decade after the U.S. Department of Homeland Security created the Deferred Action for Childhood Arrivals (DACA) program to provide protections to undocumented immigrants brought here as...

July 16, 2021

Attorney General Merrick Garland vacated Matter of Castro-Tum on July 15, reviving a key tool to help judges prioritize cases in the overburdened immigration court system and allow people facing...

June 15, 2021

My name is Hali Calzadillas-Andujo and I’m originally from Chihuahua, Mexico. I first came to the United States with my mother and siblings when I was eight years old. I didn’t even know what it...

April 29, 2021

When President Biden took office, he inherited a legal immigration system that was teetering on the brink of collapse. Delays within U.S. Citizenship and Immigration Services (USCIS) have reached...

March 25, 2021

By the end of the Trump presidency, Temporary Protected Status (TPS) was all but destroyed. The former administration had attempted to end crucial protections for the hundreds of thousands of...

March 18, 2021

The U.S. House of Representatives passed two immigration bills on March 18, signaling that Congress might finally enact major immigration reform for the first time in over three decades. These...

March 4, 2021

Individuals hoping to become a naturalized American citizen will take a different civics test beginning this week, as U.S. Citizenship and Immigration Services (USCIS) reverts back to a previous...

January 22, 2021

On his first day in office, President Biden took significant steps towards undoing the harm of the Trump administration’s immigration policies—and reforming our punitive and inhumane enforcement...

January 8, 2021

This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election.  The Biden administration faces a...

January 7, 2021

This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election.  The Biden administration will soon...

July 16, 2021
U.S. Judge Andrew Hanen of the Southern District of Texas ordered the Biden administration to end Deferred Action for Childhood Arrivals.
April 16, 2020
The American Immigration Council, the American Immigration Lawyers Association, and the law firms Van Der Hout, LLP, Joseph & Hall P.C., and Kuck Baxter Immigration LLC filed a nationwide class action lawsuit today challenging U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analysts positions filed by businesses in the United States.
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
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.

June 10, 2015

Washington D.C.– Last Friday, three immigrants and two immigration service providers filed a nationwide class action lawsuit against U.S.

May 26, 2015

Washington D.C. - In a disappointing decision, a divided panel of the Fifth Circuit Court of Appeals today  denied  the federal government’s request for an emergency stay of a preliminary in

May 26, 2015

Washington D.C.– Last Friday, three immigrants and two immigration service providers filed a nationwide class action lawsuit against U.S.

August 20, 2021
This fact sheet provides information on provision called “registry” that allows certain non-citizens who are long-term residents of the United States, but who are either undocumented or present in...
August 20, 2021
This fact sheet provides an overview of Documented Dreamers, explains how they can age out of immigration status at 21, and summarizes the current federal legislative proposals to protect them from...
August 3, 2021
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...
August 2, 2021
This fact sheet from the Council provides an overview of how current immigration law allows certain undocumented immigrants to become Lawful Permanent Residents (LPRs) without first having to leave...
July 27, 2021
This fact sheet provides an overview of Deferred Action for Childhood Arrivals (DACA) and prior attempts to dismantle the initiative, as well as its current status.
July 19, 2021

Nearly a decade after the U.S. Department of Homeland Security created the Deferred Action for Childhood Arrivals (DACA) program to provide protections to undocumented immigrants brought here as...

July 16, 2021

Attorney General Merrick Garland vacated Matter of Castro-Tum on July 15, reviving a key tool to help judges prioritize cases in the overburdened immigration court system and allow people facing...

July 16, 2021
U.S. Judge Andrew Hanen of the Southern District of Texas ordered the Biden administration to end Deferred Action for Childhood Arrivals.
June 30, 2021
This practice advisory by the Council and partners provides an overview of the Niz-Chavez v. Garland decision and its impact on eligibility for cancellation of removal; eligibility for post-conclusion voluntary departure and broader applications of the decision.
June 15, 2021

My name is Hali Calzadillas-Andujo and I’m originally from Chihuahua, Mexico. I first came to the United States with my mother and siblings when I was eight years old. I didn’t even know what it...

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