Immigration Benefits and Relief

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.

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.

The American Immigration Council and its partners, the National Immigration Law Center and the Service Employees International Union, filed an amicus brief arguing that the Texas federal district court order blocking expanded DACA and DAPA should be reversed. The brief, filed on behalf of more than 150 civil rights, labor, and immigration advocacy groups, argues that these deferred action initiatives will have significant and widespread benefits on the U.S. economy, individual immigrants, their families, and their communities. The brief also includes examples of the government’s exercise of its discretion to deny requests under the initial DACA program to refute the district court’s conclusion that such cases are not adjudicated on a case-by-case basis.

A waiver of removal under INA § 212(h) is not available to an individual who committed an aggravated felony within five years of having previously been "admitted" to the United States as a lawful permanent resident. The Council, with AILA, filed amicus briefs in numerous Courts of Appeals, successfully arguing that the § 212(h) bar to waiver eligibility applies only to noncitizens who were admitted in LPR status at a port of entry, as distinct from those who adjusted to LPR status post-entry.