Waivers and Relief from Deportation

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.

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All Waivers and Relief from Deportation Content

August 26, 2014
The President has the legal authority to make a significant number of unauthorized migrants eligible for temporary relief from deportation that would be similar to the relief available under the...
May 14, 2012
How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases,...
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...
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...
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...
October 19, 2016
The Council, along with amici the University of Houston Law Center, AILA, and others, submitted a brief in response to a request from the Board of Immigration Appeals, arguing that lawful permanent residents who were initially admitted to the United States after being waved through a port of entry were eligible for cancellation of removal on the grounds that they had been “admitted in any status,” a requirement of the cancellation statute.
September 5, 2017
This Practice Advisory is designed to assist attorneys in determining whether individuals seeking Deferred Action for Childhood Arrivals might be eligible for immigration benefits.
August 29, 2017
This practice advisory addresses the recent rise in government motions to recalendar cases that were administratively closed, and suggests strategies for opposing such motions.
August 1, 2017
This Practice Advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by Customs and Border Protection officers.
December 1, 2015
The immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD.
October 22, 2015
This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status.
March 18, 2015
This Practice Advisory, updated following the issuance of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can influence the favorable exercise of prosecutorial discretion by ICE, CBP and USCIS officers.
January 21, 2014
This Practice Advisory provides background information about requesting stays of removal from the court of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who are successful on their appeal.
August 5, 2013
On June 26, 2013, the U.S. Supreme Court issued a landmark decision in United States v. Windsor, holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. This practice advisory highlights some of the issues LGBT families will face in a post-DOMA world.
May 2, 2013
In Moncrieffe, the Supreme Court held that a state drug conviction is not an aggravated felony when the statute of conviction extends to the social sharing of a small amount of marijuana. This Practice Advisory discusses the holding of the case, the decision’s potential broader implications, strategies for noncitizen criminal defendants, and steps that lawyers should take immediately in pending or already concluded removal proceedings affected by Moncrieffe.
December 21, 2012
This Practice Advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals.
December 12, 2017

Current and former recipients of the Deferred Action for Childhood Arrivals (DACA) initiative are asking Congress to recognize the impact they and other Dreamers have on the United States, and to...

November 30, 2017

The Department of Homeland Security (DHS) announced last week that it would be ending Temporary Protected Status (TPS) for Haiti. 50,000 Haitians, along with hundreds of thousands of nationals...

November 29, 2017

After being lured to participate in an Immigration and Customs Enforcement (ICE) initiative that promised a reprieve from deportation, 51 Indonesian nationals suddenly were at risk for removal...

November 27, 2017

With the deadline for government funding fast approaching, the Senate Appropriations Committee finally released its draft version of the Department of Homeland Security’s (DHS) funding bill—and...

November 17, 2017

When a slowdown with the U.S. Postal Service caused over 100 Deferred Action for Childhood Arrivals renewal applications to arrive after the October 5 deadline, United States Citizenship and...

November 14, 2017

In the months following the government’s decision to terminate the Deferred Action for Childhood Arrivals (DACA) initiative, more than 8,500 young immigrants have already lost their protection...

November 3, 2017

Thousands of immigrants living and working in the United States are poised to learn whether their temporary immigration status will be extended or terminated in the coming days. The 300,000...

October 25, 2017

  The United States is currently home to an estimated 325,000 individuals with Temporary Protected Status (TPS), a temporary immigration status granted to nationals of specifically designated...

October 11, 2017

Now that the arbitrary deadline for Deferred Action for Childhood Arrivals (DACA) renewals has passed, approximately 36,000 young immigrants are in danger of being deported. New data from United...

October 10, 2017

The White House released its Immigration Principles and Policies late Sunday night, providing an outline of the Trump administration’s proposals on immigration. The principles were sent to...

October 8, 2017
The White House released its long anticipated, "Immigration Principles and Policies," which lay out many of the already-stated aspirations of the Trump administration on immigration. The laundry list represents a wholesale attack on immigration and immigrants. It includes not only limits on immigration generally, but enables mass deportations and envisions bypassing necessary procedures that protect children and asylum seekers.
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

June 24, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) cautiously applauds last week’s

December 12, 2017

Current and former recipients of the Deferred Action for Childhood Arrivals (DACA) initiative are asking Congress to recognize the impact they and other Dreamers have on the United States, and to...

November 30, 2017

The Department of Homeland Security (DHS) announced last week that it would be ending Temporary Protected Status (TPS) for Haiti. 50,000 Haitians, along with hundreds of thousands of nationals...

November 29, 2017

After being lured to participate in an Immigration and Customs Enforcement (ICE) initiative that promised a reprieve from deportation, 51 Indonesian nationals suddenly were at risk for removal...

November 27, 2017

With the deadline for government funding fast approaching, the Senate Appropriations Committee finally released its draft version of the Department of Homeland Security’s (DHS) funding bill—and...

November 17, 2017

When a slowdown with the U.S. Postal Service caused over 100 Deferred Action for Childhood Arrivals renewal applications to arrive after the October 5 deadline, United States Citizenship and...

November 14, 2017

In the months following the government’s decision to terminate the Deferred Action for Childhood Arrivals (DACA) initiative, more than 8,500 young immigrants have already lost their protection...

November 3, 2017

Thousands of immigrants living and working in the United States are poised to learn whether their temporary immigration status will be extended or terminated in the coming days. The 300,000...

October 25, 2017

  The United States is currently home to an estimated 325,000 individuals with Temporary Protected Status (TPS), a temporary immigration status granted to nationals of specifically designated...

October 11, 2017

Now that the arbitrary deadline for Deferred Action for Childhood Arrivals (DACA) renewals has passed, approximately 36,000 young immigrants are in danger of being deported. New data from United...

October 10, 2017

The White House released its Immigration Principles and Policies late Sunday night, providing an outline of the Trump administration’s proposals on immigration. The principles were sent to...

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