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. 

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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

Prosecutorial Discretion in Context: How Discretion is Exercised Throughout Our Immigration System

Publication Date: 
April 11, 2012
Discretion takes many forms throughout the immigration enforcement process. Every removal of a noncitizen from the United States, for example, reflects a series of complex choices which reflect...
  • Special Report

The Morton Memo and Prosecutorial Discretion: An Overview

Publication Date: 
July 20, 2011
On June 17, 2011, Immigration and Customs Enforcement (ICE) Director John Morton issued two significant memoranda on the use of prosecutorial discretion in immigration matters. Prosecutorial...
  • 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

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...

  • 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...

  • Press Release

Immigration Council Strongly Reaffirms Research on Reagan-Bush Family Fairness Policy

December 5, 2014

Washington D.C.

  • Press Release

American Immigration Council Executive Director, Ben Johnson Comments on Executive Action

November 21, 2014

Washington D.C. - Ben Johnson, Executive Director of the American Immigration Council offers the following quotes on the polic

  • 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.

  • Blog

New USCIS Center Is Good News For Some Of Its Worst Backlog Victims

April 5, 2023

U.S. Citizenship and Immigration Services (USCIS) is opening a new service center to try to fix some of its most egregious backlogs. The agency reportedly has already reassigned 150 employees –...

  • Blog

Florida Has Everything to Lose If It Repeals In-State Tuition for Undocumented Students

March 10, 2023

Undocumented students, like millions of other students in the United States, have the ambition to succeed. College opportunities are often priceless for these students. And though a degree can...

  • Blog

USCIS Policy Change Will Reduce Number of People Who ‘Age Out’ From Green Card Eligibility

February 23, 2023

A recent policy change by U.S. Citizenship and Immigration Services (USCIS) should reduce the number of children who age out of green card eligibility. For immigration purposes, a “child” means...

  • Blog

USCIS Faces New Class Action Lawsuit for its Extreme Delays in Processing Waivers

January 26, 2023

Many families in the United States live in a frightening limbo when processing delays prevent one family member from becoming a lawful permanent resident.  A lawsuit was recently filed against U.S...

  • Blog

USCIS’ Funding Crisis Might Be Too Big for the Agency to Fix by Itself

January 17, 2023

On January 3, U.S. Citizenship and Immigration Services (USCIS) finally published a new proposed fee schedule for immigration benefits—which is to say, it took an important step to becoming a...

  • Blog

Arizona Dreamers’ Chance of In-State Tuition Rely on the Midterm Elections

November 1, 2022

While it seems like all eyes are on the states that could determine the outcome of this year’s midterm elections, it’s important to remember that the consequences of November 8 will extend beyond...

  • Blog

Once Again, Undocumented Youth Find Themselves in Legal Limbo After Court Decisions

October 20, 2022

After months of waiting for decisions on the future of the Deferred Action for Childhood Arrivals (DACA) program, hundreds of thousands of undocumented youth are back to where they started—waiting...

  • Blog

A New Bill Would Allow Millions of Immigrants to Apply for Green Cards

October 11, 2022

On September 28, Senator Alex Padilla (D-CA) introduced a bill in Congress that would allow millions of immigrants who have lived in the United States for many years to become Lawful Permanent...

  • 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...

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