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

  • Fact Sheet

The Dream Act: An Overview

The Dream Act would permanently protect certain immigrants who came to the United States as children but are vulnerable to deportation. 

  • Practice Advisories

Arriving Noncitizens and Adjustment of Status

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.

All Immigration Benefits and Relief Content

  • Fact Sheet

Deferred Action for Childhood Arrivals (DACA): An Overview

September 30, 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.
  • Fact Sheet

Legalization Through “Registry”

September 28, 2021
This fact sheet provides information on a 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...
  • Fact Sheet

Documented Dreamers: An Overview

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...
  • Research and Analysis

The Systematic Alien Verification for Entitlements (SAVE) Program: A Fact Sheet

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...
  • Fact Sheet

Legalization Through 245(i)

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...
  • Special Report

Tracking the Biden Agenda on Legal Immigration in the First 100 Days

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...
  • Fact Sheet

The Dream Act: An Overview

March 16, 2021
This fact sheet provides an overview of the most recent version of the Dream Act and similar legislative proposals.
  • Fact Sheet

Understanding the Legal Challenges to Executive Action

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.
  • Special Report

Defending DAPA and Expanded DACA Before the Supreme Court

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...
  • Special Report

DACA at Year Three: Challenges and Opportunities in Accessing Higher Education and Employment

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...
  • FOIA Litigation

Council Sues USCIS To Obtain Records About Humanitarian Parole Applications of Afghan Nationals

This Freedom of Information Act (FOIA) suit seeks to compel U.S. Citizenship and Immigration Services (USCIS) to disclose information about the massive delays in processing of applications for humanitarian parole filed for Afghan nationals who have not been able to travel to the United States.
  • Litigation

Challenging USCIS and NARA To End Naturalization Application Delays

This lawsuit challenges USCIS' unreasonable delay in processing naturalization applications that were filed in 2020 and has prevented applicants from becoming U.S. citizens.
  • Litigation

Challenging USCIS for Delays in Renewal of Employment Authorizations

The Council and partners filed a nationwide class action lawsuit to ensure timely renewal of work authorizations documents for asylum seekers.
  • Advocacy

Summary of Proposed Changes to Student and Exchange Visitor Admissions Process by DHS

October 6, 2020

This document provides a summary of the Department of Homeland Security's September 25, 2020, Proposed Rule, "...

  • Advocacy

Letter Requesting 60-Day Comment Period on Proposed Rule Expanding Collection of Biometrics

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%.
  • Advocacy

Statement for the House Committee on Judiciary Subcommittee on Immigration and Citizenship Hearing on "Oversight of U.S. Citizenship and Immigration Services"

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....

  • Advocacy

Statement for the House Judiciary Committee, Subcommittee on Immigration and Citizenship Hearing “Policy Changes and Processing Delays at U.S. Citizenship and Immigration Services.”

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.
  • Litigation

Ending Obstacles for Temporary Protected Status Recipients Seeking Legal Permanent Residence

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.
  • Amicus Briefs

Matter of Castro-Tum

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.
  • Amicus Briefs

Ramirez v. Dougherty - Ninth Circuit

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.
  • Practice Advisories

Arriving Noncitizens and Adjustment of Status

April 25, 2022
This practice advisory identifies who falls under the classification of “arriving noncitizens,” discusses the regulations delineating USCIS vs. EOIR jurisdiction over adjustment applications of arriving noncitizens in removal proceedings and suggests strategies to facilitate the adjustment of status of eligible parolees in removal proceedings before they are removed.
  • Practice Advisories

Strategies and Considerations in the Wake of Niz-Chavez v. Garland

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.
  • Practice Advisories

FOIA for Immigration Lawyers

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.
  • Practice Advisories

Adjustment of Status for Temporary Protected Status Holders After Matter of Z-R-Z-C-

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.
  • Practice Advisories

Screening Potential DACA Requestors for Other Forms of Relief

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.
  • Practice Advisories

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

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.
  • Practice Advisories

Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog

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.
  • Practice Advisories

Deferred Action for Childhood Arrivals

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.
  • Practice Advisories

Prosecutorial Discretion: How to Advocate for Your Client

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.
  • Practice Advisories

The Child Status Protection Act

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.
  • Blog

Lawsuit Challenges Delays in U.S. Citizenship Application Processing Due to Cave-Stored Files

June 1, 2022

Thirteen U.S. lawful permanent residents filed a lawsuit to end the delay by U.S. Citizenship and Immigration Services (USCIS) in processing their applications to become U.S. citizens. The...

  • Blog

Supreme Court Rejects Review Over Factual Questions in Immigration Removal Proceedings

May 17, 2022

The Supreme Court issued a 5-4 decision on May 16 rejecting federal court review of fact-finding done by immigration courts. The Court’s reasoning could have wide-ranging impacts on many more...

  • Blog

New Biden Administration Policies Offer Crucial Protections for Immigrant Youth

March 18, 2022

The government made two important announcements on March 7th affecting immigrant children who have been abused, abandoned, and neglected. The first is a new policy that offers work permits and...

  • Blog

U.S. Citizenship Applicants Are in Limbo Because Their Immigration Files Are Locked in Caves Underground

January 28, 2022

Thousands of applicants for U.S. citizenship have been waiting for well over a year for U.S. Citizenship and Immigration Services (USCIS) to process their applications. But the problem isn’t the...

  • Blog

Justices Consider the Limits of Judicial Review in Latest Immigration Case at the Supreme Court

December 7, 2021

The Supreme Court heard oral argument on Monday in a case that raises a critical question of whether a federal court can review a noncitizen’s eligibility for certain types of discretionary...

  • Blog

Over 250,000 Young People Are at Risk of Deportation When They Turn 21

December 1, 2021

A lesser-known group of young people who grew up in the United States with immigration status—typically the children of noncitizens who entered the U.S. on temporary work visas—is increasingly at...

  • Blog

Failure to Reauthorize Employment Harms Asylum Seekers and the U.S. Economy

November 12, 2021

U.S. workers are losing their jobs due to bureaucratic delays at U.S. Citizenship and Immigration Services (USCIS), despite an economy desperate for workers. Asylum seekers wanting to renew their...

  • Blog

Changing Cut Off Dates Leave India EB-3 Applicants in an Immigration Limbo

November 5, 2021

Annual limits on immigrant visa numbers, combined with processing delays and wasted numbers, mean even longer waits for people to become U.S. permanent residents. In November, the “cut off” date...

  • Blog

What You Need to Know About the New Proposed DACA Regulation

September 27, 2021

The Biden administration followed through on its Day One promise to create a new regulation to “preserve and fortify” the Deferred Action for Childhood Arrivals initiative (DACA) on September 27....

  • Blog

Federal Judge Strikes Down DACA: What You Need to Know

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...

  • Press Release

One Year In: The Biden Administration’s Promises on Immigration Remain Unfulfilled

January 19, 2022
President Biden announced a welcoming and inclusive vision for immigration in a legislative proposal and a series of executive actions signed on his first day in office. But one year into Biden’s presidency, his promises on immigration remain unfulfilled.
  • Press Release

Congress Must Ensure a Permanent Solution for Dreamers

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.
  • Press Release

Class Action Lawsuit Seeks to Challenge USCIS’ Unlawful Denial of H-1B Petitions Filed by American Businesses

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.
  • Press Release

Judge Grants Class-Action Status to Thousands of Immigrants Waiting for Access to Their Immigration Records

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
  • Press Release

Supreme Court Issues Disappointing Split Decision in United States v. Texas

June 23, 2016

Washington D.C. - Today, the Supreme Court issued a 4-4 decision in United States v.

  • Press Release

Supreme Court Hears Oral Arguments in U.S. v. Texas

April 18, 2016

Washington D.C. - Today, the Supreme Court heard oral arguments in United States v. Texas.

  • Press Release

326 Immigrant Rights Groups Urge Supreme Court to Let Immigration Relief Programs Go Forward

March 8, 2016

WASHINGTON, D.C.

  • Press Release

Coalition Urges Supreme Court to Protect President’s Executive Actions on Immigration

December 1, 2015

Washington, D.C.

  • Press Release

Class Action Lawsuit for Unlawful Delays in Employment Authorizations Filed

June 10, 2015

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

  • Press Release

Divided Fifth Circuit Denies Emergency Stay as Underlying Case on Immigration Action Proceeds

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

  • Letters

Letter to Secretary Mayorkas Urging Protections for Victims of San Antonio Tragedy

June 30, 2022
The American Immigration Council and 102 other organizations urge the Department of Homeland Security paroled into the United States and give assistance in applying for protection to survivors of the...
  • FOIA Litigation

Council Sues USCIS To Obtain Records About Humanitarian Parole Applications of Afghan Nationals

This Freedom of Information Act (FOIA) suit seeks to compel U.S. Citizenship and Immigration Services (USCIS) to disclose information about the massive delays in processing of applications for humanitarian parole filed for Afghan nationals who have not been able to travel to the United States.
  • Litigation

Challenging USCIS and NARA To End Naturalization Application Delays

This lawsuit challenges USCIS' unreasonable delay in processing naturalization applications that were filed in 2020 and has prevented applicants from becoming U.S. citizens.
  • Blog

Lawsuit Challenges Delays in U.S. Citizenship Application Processing Due to Cave-Stored Files

June 1, 2022

Thirteen U.S. lawful permanent residents filed a lawsuit to end the delay by U.S. Citizenship and Immigration Services (USCIS) in processing their applications to become U.S. citizens. The...

  • Blog

Supreme Court Rejects Review Over Factual Questions in Immigration Removal Proceedings

May 17, 2022

The Supreme Court issued a 5-4 decision on May 16 rejecting federal court review of fact-finding done by immigration courts. The Court’s reasoning could have wide-ranging impacts on many more...

  • Comments

Council and Partners Submit Comment on Department of Education's Proposed Integrated Postsecondary Education Data System Guidance

April 26, 2022
The Council and 29 other organizations submitted a comment to the Department of Education in response to a notice in the federal register detailing proposed changes to how institutions of higher...
  • Practice Advisories

Arriving Noncitizens and Adjustment of Status

April 25, 2022
This practice advisory identifies who falls under the classification of “arriving noncitizens,” discusses the regulations delineating USCIS vs. EOIR jurisdiction over adjustment applications of arriving noncitizens in removal proceedings and suggests strategies to facilitate the adjustment of status of eligible parolees in removal proceedings before they are removed.
  • Blog

New Biden Administration Policies Offer Crucial Protections for Immigrant Youth

March 18, 2022

The government made two important announcements on March 7th affecting immigrant children who have been abused, abandoned, and neglected. The first is a new policy that offers work permits and...

  • Blog

U.S. Citizenship Applicants Are in Limbo Because Their Immigration Files Are Locked in Caves Underground

January 28, 2022

Thousands of applicants for U.S. citizenship have been waiting for well over a year for U.S. Citizenship and Immigration Services (USCIS) to process their applications. But the problem isn’t the...

  • Press Release

One Year In: The Biden Administration’s Promises on Immigration Remain Unfulfilled

January 19, 2022
President Biden announced a welcoming and inclusive vision for immigration in a legislative proposal and a series of executive actions signed on his first day in office. But one year into Biden’s presidency, his promises on immigration remain unfulfilled.

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