Immigration Benefits and Relief

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

Recent Features

All Immigration Benefits and Relief Content

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...
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...
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.

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...

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.

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.

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.
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.

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 ...

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.
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.
This sign-on letter expresses concerns about DHS’s implementation of the new prosecutorial discretion policy, including the agency’s failure to grant work authorization to those who receive a favorable exercise of discretion. The letter also makes recommendations to ensure that DHS fulfills its pledge to implement an effective and fair prosecutorial discretion policy nationwide.
April 20, 2005
This Practice Advisory addresses situations in which a court might excuse a late-filed petition for review and discusses other administrative and federal court options for remedying the failure to timely file a petition for review. The Advisory also provides an overview of 28 U.S.C. § 1631, which authorizes courts to transfer a case to cure a lack of jurisdiction when an action is filed in the wrong federal court.
April 6, 2005
On April 1, 2005, EOIR’s Background and Security Check regulations went into effect. The interim rule bars IJs and the BIA from granting most forms of relief until DHS has informed them that security checks are completed. This Practice Advisory provides basic information about the requirements and procedures under the interim rule and highlights the major changes to BIA procedures.
October 19, 2004
Pursuant to the Supreme Court’s decision INS v. St. Cyr, the Department of Justice (DOJ) published its final rule on procedures for applying for section 212(c) relief. This Practice Advisory summarizes the rule and describes who can apply for § 212(c) relief under the rule. In addition, it discusses strategies and arguments to assist individuals who are barred under the rule.
December 1, 2020

The incoming Biden-Harris administration has announced its choice for secretary of the Department of Homeland Security: Alejandro Mayorkas. If confirmed, Mayorkas will represent several historic...

November 16, 2020

A judge has ruled that recent changes to Deferred Action for Childhood Arrivals (DACA) that were a veiled attempt to gut the program are invalid because Chad Wolf—the acting secretary of the...

November 5, 2020

As the COVID-19 pandemic continues to rage inside ICE detention centers, hundreds of Cubans who cannot be deported, continue to be detained by U.S. Immigration and Customs Enforcement (ICE). They...

August 26, 2020

U.S. Citizenship and Immigration Services (USCIS) told Congress in May that it was running out of money and would need a $1.2 billion bailout to maintain its operations without major disruptions....

July 28, 2020

After nearly six weeks of inaction following its stinging defeat before the Supreme Court on June 18, the Department of Homeland Security released a memo gutting the Deferred Action for Childhood...

July 21, 2020

The Trump administration has justified major changes to citizenship processing to “safeguard” the U.S. immigration system from application fraud. Yet the increased vetting has not lowered the...

July 15, 2020

Update: On August 3, 2020, a federal court in Ohio granted a temporary restraining order requiring USCIS to print a work permit within 7 days for all individuals who had been approved for one. The...

July 7, 2020

As the COVID-19 pandemic continues to surge across the United States, many universities have chosen to temporarily move to online-only classes to protect public health. However, new guidance from...

June 24, 2020

The Department of Homeland Security (DHS) will finalize a new regulation on June 26 which will strip most asylum seekers of the right to seek work authorization. The rule imposes sweeping new...

June 18, 2020

The Supreme Court issued its long-anticipated decision in DHS v. Regents of the University of California—the case challenging the administration’s attempt to dismantle the Deferred Action for...

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

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

November 6, 2013

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

November 5, 2013

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

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

June 26, 2013

Washington D.C. - Today, the Supreme Court unequivocally affirmed that there is no legitimate reason for the federal government to discriminate against married couples on account o

September 28, 2012

An en banc panel of the Ninth Circuit Court of Appeals ruled in favor of young adults who, due to long delays caused by visa backlogs, lost the opportunity to obtain their green cards before they t

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....

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 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...

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.

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