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

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

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  • 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

  • Special Report

Investing in the American DREAM

Publication Date: 
December 2, 2010
Each year, tens of thousands of undocumented immigrant students graduate from American high schools and embark on uncertain futures. Their inability to legally work and receive financial aid stalls...
  • Special Report

Reading the Morton Memo: Federal Priorities and Prosecutorial Discretion

Publication Date: 
December 1, 2010
On June 30, 2010, the Deputy Assistant Secretary for Immigration and Customs Enforcement (ICE), John Morton, issued a memo to the agency that reflected the Obama administration’s oft repeated intent...
  • Amicus Briefs

Bona v. Ashcroft - Ninth Circuit

Publication Date: 
February 24, 2005
The Council filed amicus briefs in numerous courts of appeals challenging the pre-2005 regulatory bar to adjustment of status for “arriving aliens” in removal proceedings. Several courts accepted our arguments that the regulation violated the adjustment of status statute. Succar v. Ashcroft, 394 F.3d 8 (1st Cir. 2005); Zheng v. Gonzales, 422 F.3d 98 (3d Cir. 2005); Bona v. Ashcroft, 425 F.3d 663 (9th Cir. 2005). Ultimately, DHS withdrew the challenged regulation and replaced it with one providing USCIS with jurisdiction to adjust the status of an "arriving alien" in removal proceedings. 71 Fed. Reg. 27585 (2006). The amicus brief filed in Bona v. Ashcroft is representative of the briefs filed in other circuits.
  • Advocacy

Council, AILA & Other Stakeholders’ Response to DHS’s notice of revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and accompanying instructions (submitted Feb. 18, 2014)

The American Immigration Council along with the American Immigration Lawyers Association, the Immigrant Legal Resource Center, the National Immigration Project of the National Lawyers Guild, Educators For Fair Consideration, the National Immigration Law Center, United We Dream, and the Catholic Legal Immigration Network, Inc. offered comments in response to DHS’s proposed new DACA application form and instructions.
  • Advocacy

Letter to DHS Secretary Janet Napolitano (submitted April 6, 2011)

This letter requests written guidance setting forth detailed criteria for the favorable exercise of prosecutorial discretion and the assignment of a high-level officer to monitor implementation of...

  • Advocacy

Letter Requesting Modifications to USCIS DACA FAQ (submitted June 3, 2013)

The American Immigration Council along with American Immigration Lawyers Association, Immigrant Legal Resource Center, National Council of La Raza, National Immigration Project of the National Lawyers Guild, and United We Dream, submitted proposals to USCIS seeking certain modifications to the DACA Frequently Asked Questions page.
  • Advocacy

Regulatory comment: Adjustment of Status of “arriving aliens” who are in removal

The Council submitted comments on June 12, 2006, on the interim regulations that lifted the ban on “arriving aliens” being able to adjust their status if they are in removal proceedings.

  • Advocacy

Second Letter Requesting Modifications to USCIS DACA FAQ (submitted April 8, 2014)

The American Immigration Council along with American Immigration Lawyers Association, Immigrant Legal Resource Center, Mexican American Legal Defense and Educational Fund, National Immigration Law Center, National Immigration Project of the National Lawyers Guild, New York Immigration Coalition, and United We Dream, submitted proposals to USCIS seeking certain modifications to the DACA Frequently Asked Questions page.
  • Advocacy

Response to DHS’s notice of revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and accompanying instructions (submitted Feb. 12, 2013)

The American Immigration Council, the American Immigration Lawyers Association, the Catholic Legal Immigration Network, Inc., and the National Immigration Law Center welcomed changes made by USCIS, but encouraged several additional changes to Form I-821D and the accompanying instructions to make it more understandable and accessible to DACA requesters, particularly those requesters who are unrepresented.
  • Advocacy

Letter to DHS Urging Interim Relief Pending Final Resolution of Section 3 of DOMA

Following the Obama Administration’s February 2011 announcement that Section 3 of DOMA is unconstitutional, AILA and the Council, joined by dozens of other organizations, urged the Administration ...

  • Advocacy

Response to DHS’s notice of revisions to Form I‐131, Application for Travel Document and accompanying instructions (submitted Dec. 31, 2012)

The American Immigration Council, the American Immigration Lawyers Association and the Catholic Legal Immigration Network, Inc. jointly submitted comments addressing numerous aspects of the Form I-131 instructions including revisions to the instructions that provide guidance to DACA recipients on their eligibility for Advance Parole.
  • Advocacy

Letter to EOIR Urging Interim Relief Pending Final Resolution of Section 3 of DOMA

Following the Obama Administration’s February 2011 announcement that Section 3 of DOMA is unconstitutional, AILA and the Council, joined by dozens of other organizations, urged the Administration to adopt interim measures in immigration cases involving marriages to a lesbian or gay noncitizen. Such interim measures are needed to maintain the status quo until there is a final judicial or legislative resolution regarding Section 3 of DOMA.
  • 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...

  • Blog

Attorney General Garland Brings Back Administrative Closure for Immigration Judges

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...

  • Blog

DACA Has Allowed Me to Pursue Education, But We Need A Permanent Solution Now

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...

  • Blog

Problems at USCIS Persist, Despite Biden’s Progress on Immigration in His First 100 Days

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...

  • Blog

Biden Begins to Restore Temporary Protected Status. Which Countries Could Get TPS Next?

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...

  • Blog

The House Passes Historic Dream and Promise Act and the Farm Workforce Modernization Act

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...

  • Press Release

President’s Executive Actions on Immigration Should Spur Congressional Action

November 6, 2014

Washington D.C. – From the perspective of immigration reformers, Tuesday’s election is unlikely to change the gridlock that has stymied immigration reform for more than 15 years.

  • Press Release

136 Leading Experts on Immigration Law Agree: President Has Legal Authority to Expand Relief

September 3, 2014

Washington D.C. — U.S.

  • Press Release

Court Approves Settlement in Duran Gonzalez v. DHS; Webinar Tomorrow

July 29, 2014

Last week, the federal district court issued its final approval of a settlement agreement

  • Press Release

President Provides Immediate Relief, Creates Architecture for Reform

July 20, 2014

Washington D.C. - After decades of congressional neglect, tonight President Obama took a crucial and courageous step toward reforming our immigration system.

  • Press Release

Immigration Council Urges Broad Interpretation of § 212(h) Hardship Waiver

May 22, 2014

On May 19, 2014, the American Immigration Council and the American Immigration Lawyers Association (AILA) filed an amicus curiae brief urging the Court of Appeals for the Eighth Circuit to

  • Press Release

American Immigration Council Urges Court to Rule that TPS Recipient Is Eligible to Adjust Status

March 13, 2014

Last week, the American Immigration Council and Northwest Immigrant Rights Project (NWIRP) filed an amicus curiae brief urging the court to find that noncitizens granted Temporary Protect

  • Press Release

Immigration Advocacy Groups Urge Supreme Court to Interpret Child Status Protection Act Broadly

November 6, 2013

Washington, D.C.—This week, the American Immigration Council filed an amicus curiae

  • Press Release

Court Approves Settlement in National Class Action Lawsuit on Work Authorization for Asylum Seekers

November 5, 2013

Washington, DC – On Monday, November 4, U.S.

  • Press Release

New “Pocket DACA” Mobile App Helps Young Immigrants Apply for Deferred Action

August 14, 2013

Washington, D.C. - The American Immigration Council, American Immigration Lawyers Association (AILA), the Immigration Advocates Network (IAN), and the Own the Dream campaign are pr

  • Press Release

American Immigration Council Commends Decision Expanding Availability of Hardship Waivers to LPRs

August 9, 2013

The U.S.

  • Blog

DACA Is Facing a Crisis That the Senate Can No Longer Ignore

October 7, 2022

Written by Jorge Loweree and Raul Pinto of the American Immigration Council More than a decade after the U.S. Department of Homeland Security (DHS) first created the Deferred Action for Childhood...

  • Blog

Biden Administration Close to Reaching Increased Cap on Employment-Based Green Cards

September 13, 2022

The Biden administration is close to using all of the employment-based immigrant visas (green cards) allotted for Fiscal Year (FY) 2022. U.S. Citizenship and Immigration Services (USCIS) announced...

  • Blog

Immigration Status Will No Longer Be a Barrier for Aspiring Lawyers in New Mexico

September 9, 2022

Written by American Immigration Council staff Leani García Torres and Raul Pinto The Deferred Action for Childhood Arrivals (DACA) initiative provides certain young, undocumented immigrants with a...

  • Blog

Biden Moves to Stabilize the Lives of Hundreds of Thousands of DACA Recipients, but Critical Work Remains

August 30, 2022

Last week, the Biden administration published the final version of a regulation that seeks to preserve the Deferred Action for Childhood Arrivals (DACA) initiative and provide a modicum of...

  • Blog

What you need to know about the new proposal to update The Registry

July 28, 2022

Democrats in the House of Representatives have introduced a bill that would allow undocumented immigrants who have lived in the United States for at least seven years to legalize their status. The...

  • Blog

USCIS Restores Pathway to a Green Card for TPS Holders

July 11, 2022

U.S. Citizenship and Immigration Services (USCIS) published a new policy memorandum on July 1 that eliminated a barrier for many Temporary Protected Status (TPS) recipients and restored a pathway...

  • 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

Publication Date: 
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

Publication Date: 
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.

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