Executive Action

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

All Executive Action Content

  • Special Report

Beyond A Border Solution

Publication Date: 
May 3, 2023
America needs durable solutions. These concrete measures can bring orderliness to our border and modernize our overwhelmed asylum system.
  • Fact Sheet

An Overview of the “Uniting for Ukraine” Program

Publication Date: 
January 13, 2023
This program allows Ukrainians displaced by the Russian invasion of Ukraine to apply to come to the United States through “humanitarian parole.” Ukrainians who are granted humanitarian parole may...
  • Special Report

Tracking the Biden Agenda on Immigration Enforcement

Publication Date: 
May 20, 2021
This report analyzes the Biden administration's 100 days progress in reforming immigration enforcement and recommendations for how to best move forward.
  • Special Report

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

Publication Date: 
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

Summary of Executive Order “Enhancing Public Safety in the Interior of the United States”

Publication Date: 
May 19, 2017
The Trump administration’s approach will have devastating consequences for immigrant communities and will undermine, rather than improve, public safety.
  • Fact Sheet

Summary of Executive Order “Border Security and Immigration Enforcement Improvements”

Publication Date: 
February 27, 2017
The provisions in the order pose serious concerns for the protection and due process rights of those currently residing in the United States, communities along the U.S-Mexico border, and vulnerable...
  • Fact Sheet

Understanding the Legal Challenges to Executive Action

Publication Date: 
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

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

Publication Date: 
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...
  • Fact Sheet

Only the Beginning: The Economic Potential of Executive Action on Immigration

Publication Date: 
March 11, 2015
The series of executive actions on immigration which President Obama announced on November 20, 2014, would have a beneficial—if modest—impact on the U.S. economy.
  • Fact Sheet

Reagan-Bush Family Fairness: A Chronological History

Publication Date: 
December 9, 2014
From 1987 to 1990, Presidents Ronald Reagan and George Bush, Sr. used their executive authority to protect from deportation a group that Congress left out of its 1986 immigration reform legislation—...
  • Comments

Council and AILA submit Comments on Interim Final Rule Restricting Access to Humanitarian Protections at the U.S./Mexico Border

July 17, 2024
In June of 2024, the American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a joint comment urging the Biden administration to rescind this IFR.
  • 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, "...

  • Litigation

Challenging "Extreme Vetting" of Immigration Benefits Applicants

The Controlled Application Review and Resolution Program (CAARP) is a secret and unlawful government vetting program that targets thousands of applicants who are Muslim or from certain Muslim-majority countries for delay or denial of immigration benefits.
  • Litigation

Immigrant Rights Groups File Class Action Suit Challenging Trump Administration’s “Muslim Ban”

This intervention is needed to protect the integrity of the United States’ immigrant visa process and the families diligently seeking to reunite with their loved ones.
  • Legal Resources and Litigation

Statement for the Senate Judiciary Committee on "Oversight of the Administration's Criminal Alien Removal Policies"

December 12, 2015
The statement shares our analysis and research regarding the Obama's administration removal and enforcement policies and the effect they have on communities.
  • Legal Resources and Litigation

Statement for the House Judiciary Committee on "The Unconstitutionality of Obama's Executive Actions on Immigration"

February 25, 2015
The statement is comprised of three major parts that analyze the beneficial effects of these programs will have on society as a whole.
  • Advocacy

Statement for the House Judiciary Committee on "President Obama's Executive Overreach on Immigration"

December 10, 2014
The statement provides a brief historical overview of presidential authority related to immigration which gives President Obama the authority for his Immigration Accountability Executive Action.
  • Advocacy

Letter to DHS Secretary Janet Napolitano (submitted Feb. 9, 2012)

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.
  • Advocacy

NIJC Recommendations Regarding Implementation of the Prosecutorial Discretion Initiative (submitted Sep. 30, 2011)

This letter to several Administration officials was submitted in response to the DHS/White House announcement on August 18, 2011 that it would form a "Prosecutorial Discretion Working Group" to...

  • Advocacy

Memorandum, “Executive Branch Authority Regarding Implementation of Immigration Laws and Policies” (April 29, 2011)

This memorandum, which was released by the American Immigration Council and co-signed by two general counsels of the former Immigration and Naturalization Service, offers an overview of the scope of executive branch authority and outlines specific steps the Administration could take to forestall removals in sympathetic cases.
  • Blog

Biden Announces Immigration Protections for Up to 550,000 Spouses and Children of US Citizens

June 18, 2024

On June 18, the Biden administration announced two major new policies which may help provide streamlined paths to legal status for certain long-time undocumented immigrants. The first policy will...

  • Blog

Biden Should Use the State of the Union for a Reset on Immigration

March 1, 2022

On Tuesday night, President Biden will give his first State of the Union address to a packed House chamber. Other than, perhaps, an early nod to resettling Ukrainian refugees, those of us in the...

  • Blog

Reconciliation and Immigration: What You Need to Know

August 6, 2021

On the day that President Biden took office, he promised to send a bill to Congress to create a path to legal status for undocumented immigrants. Unfortunately, that bill, the U.S. Citizenship Act...

  • Blog

Biden Administration Commits to Returning Deported Veterans

July 8, 2021

Since the founding of the United States, immigrants have served in the U.S. military. In recognition of the sacrifices involved in military service, the federal government has provided an...

  • Blog

Biden Signals Big Changes to Legal Immigration and Asylum Law with Spring Regulatory Agenda

June 16, 2021

Twice each year, the federal government publishes a “regulatory agenda,” a preview of all the proposals that are in the pipeline to become federal regulations. Last week, the Biden administration...

  • Blog

How the COVID-19 Pandemic Has Affected Immigration: One Year Later

March 11, 2021

It’s been one year since the COVID-19 pandemic first affected immigration on a global scale. The impact has been swift, devastating, and long-lasting. On March 11, 2020, former President Trump...

  • Blog

Biden Took 3 More Executive Actions on Immigration. Did He Go Far Enough?

February 3, 2021

On February 2, 2021, following the confirmation of Alejandro Mayorkas as secretary of Homeland Security, President Biden signed three executive orders that take steps to further unwind the Trump...

  • Blog

Biden Took Eight Administrative Actions on Immigration. Here’s What You Need to Know.

January 22, 2021

On his first day in office, President Biden took significant steps towards undoing the harm of the Trump administration’s immigration policies—and reforming our punitive and inhumane enforcement...

  • Blog

How Biden Can Reform Immigration Enforcement and Detention

January 4, 2021

This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election.  When the Biden administration takes...

  • Blog

What to Expect for the J-1 Exchange Program Under Biden

December 9, 2020

The Trump administration has used the COVID-19 pandemic as an excuse to curtail many immigrant and nonimmigrant visa programs, including J-1 cultural exchange visitors. But with vaccines on the...

  • Press Release

Biden Expands Immigration Protections to Undocumented Spouses and Streamlines Employment-Based Visas for DACA Recipients

June 18, 2024
On June 18, the Biden administration announced policy changes that will provide immigration relief to thousands of deeply-rooted immigrants in the United States.
  • Press Release

Biden's Executive Action Will Not Make Border More Orderly or Secure

June 5, 2024
The U.S. government needs to be able to quickly and fairly sort out migrants who have a valid asylum claim, but instead of investing in U.S. ports of entry, immigration courts, or more options for legal migration, the order focuses on harsh and arbitrary turnbacks.
  • Press Release

New Public Charge Regulation Welcome, and More Welcoming

September 8, 2022
The Biden Administration published new public charge regulations, ensuring that immigrants from all walks of life are welcomed to the United States. The new regulations codify long-standing public charge policy that are reasonable, fair, and legally sound.
  • Press Release

Biden’s Plan to Attract Foreign STEM Talent Recognizes Immigration’s Importance in the Global Economy

January 21, 2022
The Biden administration announced new efforts to modernize parts of our immigration system, and remove barriers to legal immigration. DHS will add 22 new fields of study in the STEM Optional Practical Training program through the Student and Exchange Visitor Program, and will implement a series of additional changes to allow foreign students, scholars, and researchers to come to the United States and make meaningful contributions to America’s scholarly, research and development, and innovation communities.
  • 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

Federal Judge Blocks ICE Enforcement Guidelines and Attempts to Upend Prosecutorial Discretion

August 19, 2021
A Texas judge blocked the Biden administration’s immigration enforcement priorities. The decision was issued in a case challenging ICE’s enforcement activities outside the scope laid out in the Feb. 18 enforcement memo.
  • Press Release

Returning to Our Humanitarian Obligations, AG Garland Restores Protections for Many Asylum Seekers

June 16, 2021
Attorney General Merrick Garland announced today that he is restoring a vital lifeline to victims of severe domestic violence, gang violence, and violence on account of family relationships.
  • Press Release

A New Vision for Immigration Creates a Welcoming and Inclusive Immigration System

January 20, 2021
President Joseph R. Biden announced a welcoming and inclusive vision for immigration in a legislative proposal that provides a path to citizenship for millions of undocumented immigrants who call the United States home.
  • Press Release

Foreign Student Admission Restrictions Hurt America’s Leadership in Innovation

October 22, 2020
The proposal would negatively impact American colleges and universities and foreign students seeking a higher education degree in the United States and have long-term effects for the legal immigration system.
  • Press Release

New Report Reveals the Impact of COVID-19 Across the US Immigration System

May 27, 2020
The American Immigration Council's latest report examines major changes to the U.S. immigration system in the wake of the COVID-19 pandemic and the unique challenges the pandemic has created for noncitizens and government agencies.
  • Comments

Council and AILA submit Comments on Interim Final Rule Restricting Access to Humanitarian Protections at the U.S./Mexico Border

July 17, 2024
In June of 2024, the American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a joint comment urging the Biden administration to rescind this IFR.
  • Blog

Biden Announces Immigration Protections for Up to 550,000 Spouses and Children of US Citizens

June 18, 2024

On June 18, the Biden administration announced two major new policies which may help provide streamlined paths to legal status for certain long-time undocumented immigrants. The first policy will...

  • Press Release

Biden Expands Immigration Protections to Undocumented Spouses and Streamlines Employment-Based Visas for DACA Recipients

June 18, 2024
On June 18, the Biden administration announced policy changes that will provide immigration relief to thousands of deeply-rooted immigrants in the United States.
  • Press Release

Biden's Executive Action Will Not Make Border More Orderly or Secure

June 5, 2024
The U.S. government needs to be able to quickly and fairly sort out migrants who have a valid asylum claim, but instead of investing in U.S. ports of entry, immigration courts, or more options for legal migration, the order focuses on harsh and arbitrary turnbacks.
  • Special Report

Beyond A Border Solution

Publication Date: 
May 3, 2023
America needs durable solutions. These concrete measures can bring orderliness to our border and modernize our overwhelmed asylum system.
  • Fact Sheet

An Overview of the “Uniting for Ukraine” Program

Publication Date: 
January 13, 2023
This program allows Ukrainians displaced by the Russian invasion of Ukraine to apply to come to the United States through “humanitarian parole.” Ukrainians who are granted humanitarian parole may...
  • Press Release

New Public Charge Regulation Welcome, and More Welcoming

September 8, 2022
The Biden Administration published new public charge regulations, ensuring that immigrants from all walks of life are welcomed to the United States. The new regulations codify long-standing public charge policy that are reasonable, fair, and legally sound.
  • Blog

Biden Should Use the State of the Union for a Reset on Immigration

March 1, 2022

On Tuesday night, President Biden will give his first State of the Union address to a packed House chamber. Other than, perhaps, an early nod to resettling Ukrainian refugees, those of us in the...

  • Press Release

Biden’s Plan to Attract Foreign STEM Talent Recognizes Immigration’s Importance in the Global Economy

January 21, 2022
The Biden administration announced new efforts to modernize parts of our immigration system, and remove barriers to legal immigration. DHS will add 22 new fields of study in the STEM Optional Practical Training program through the Student and Exchange Visitor Program, and will implement a series of additional changes to allow foreign students, scholars, and researchers to come to the United States and make meaningful contributions to America’s scholarly, research and development, and innovation communities.
  • 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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