Waivers and Relief from Deportation

Recent Features

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.
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.
April 5, 2012
This Practice Advisory describes the Supreme Court's decision in Vartelas v. Holder, holding that the Fleuti doctrine still applies to lawful permanent residents (LPRs) with pre-IIRIRA convictions. This means that LPRs with convictions before April 1, 1997 who travel abroad do not, upon their return, face inadmissibility if their trip was brief, casual and innocent. The Advisory offers strategies for LPRs who are affected by the decision and discusses some of the decision's other potential favorable impacts.
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 4, 2017

With the Deferred Action for Childhood Arrival (DACA) renewal deadline fast approaching, thousands of young immigrants are scrambling to have their paperwork in by October 5 for a final, two-year...

September 27, 2017

The announcement of the end of the Deferred Action for Childhood Arrivals (DACA) initiative has hit home for many. The public has demonstrated a strong distaste for taking away young, undocumented...

September 22, 2017

While undocumented immigration remains a concern among two-thirds of the American public, most Americans, including Republicans, support proposals which provide law-abiding immigrants a chance to...

September 21, 2017

With the stroke of a pen, the Secretary of Homeland Security upended the lives of over 1,000 Sudanese nationals living in the United States with the announcement this week that Temporary Protected...

September 8, 2017

Industries across the nation may find themselves in dangerously short supply of workers if no solution is found for the 800,000 young immigrants now at risk of deportation due to the termination...

September 7, 2017

With the Trump administration announcing it was ending the Deferred Action for Childhood Arrivals (DACA) initiative on Tuesday, a number of states, non-governmental organizations (NGOs), and DACA...

September 6, 2017

On January 13, 1898, the novelist Émile Zola penned a now famous open letter in the French newspaper L’Aurore, accusing the French government of anti-Semitism for falsely convicting military...

September 5, 2017

The Trump administration brought the Deferred Action for Childhood Arrivals initiative (DACA) to an end on Tuesday, striking one of the largest blows to America’s immigrant community since taking...

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

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.
October 4, 2017

With the Deferred Action for Childhood Arrival (DACA) renewal deadline fast approaching, thousands of young immigrants are scrambling to have their paperwork in by October 5 for a final, two-year...

September 27, 2017

The announcement of the end of the Deferred Action for Childhood Arrivals (DACA) initiative has hit home for many. The public has demonstrated a strong distaste for taking away young, undocumented...

September 22, 2017

While undocumented immigration remains a concern among two-thirds of the American public, most Americans, including Republicans, support proposals which provide law-abiding immigrants a chance to...

September 21, 2017

With the stroke of a pen, the Secretary of Homeland Security upended the lives of over 1,000 Sudanese nationals living in the United States with the announcement this week that Temporary Protected...

September 8, 2017

Industries across the nation may find themselves in dangerously short supply of workers if no solution is found for the 800,000 young immigrants now at risk of deportation due to the termination...

September 7, 2017

With the Trump administration announcing it was ending the Deferred Action for Childhood Arrivals (DACA) initiative on Tuesday, a number of states, non-governmental organizations (NGOs), and DACA...

September 6, 2017

On January 13, 1898, the novelist Émile Zola penned a now famous open letter in the French newspaper L’Aurore, accusing the French government of anti-Semitism for falsely convicting military...

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending