SYSTEMIC REFORM
Heavily-Divided Supreme Court Upholds Matter of Wang
In Scialabba v. Cuellar de Osorio, a heavily-divided Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents’ visa petitions as minors, but who “aged-out”—that is, turned 21—before visas became available. In so holding, five Justices rejected an interpretation of the Child Status Protection Act urged in an amicus brief submitted by the American Immigration Council and other organizations, which would have allowed them to retain the “priority date” of the original visa petition filed on behalf of their parents. Read More…
Immigration Council Encourages Eighth Circuit to Reverse Decision Restricting Availability of INA § 212(h) Waiver
With AILA, the Council filed an amicus brief in support of a petition for rehearing or rehearing en banc of the Eighth Circuit decision, Roberts v. Holder, 745 F.3d 928 (8th Cir. 2014). In the brief, the Council argues that the plain text of the statute reflects Congress’ intent to limit the availability of the waiver only for noncitizens admitted as LPRs at a port of entry and that no absurdities will result from a literal reading of the statute. In addition, § 212(h) waivers provide an important protection for certain post-entry LPRs, including particularly vulnerable groups. Read More…
ENFORCEMENT
Immigration Council Organizes Convening of Border Advocates & Litigators
In collaboration with several partner organizations, the American Immigration Council organized the first-ever binational convening of Mexican and U.S. border advocates and litigators in El Paso, Texas.  The meeting gave participants the opportunity to strategize about priorities and tactics and discuss opportunities for future work together. Read More… 
Immigration Council Urges Court to Find Border Patrol Agents Can Be Held Liable for Damages for Fourth Amendment Violation
The American Immigration Council, with the National Immigration Project of the National Lawyers Guild, filed an amicus brief in De la Paz v. Coy, No. 13-50768 (5th Cir.), arguing that the district court properly found Border Patrol agents could be sued for damages for a Fourth Amendment violation under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). The government argues that subsequent Supreme Court decisions foreclose the application of Bivens to immigration enforcement cases. Read More…
PATHS TO LEGAL STATUS

District Court Holds TPS is an “Admission” for Purposes of Adjustment of Status

Last month, in Ramirez v. Dougherty, the United States District Court for the Western District of Washington held that a noncitizen’s grant of Temporary Protected Status (TPS) qualifies as an “inspection and admission” into the United States, thus satisfying this requirement for adjustment of status under INA § 245(a). The American Immigration Council and the Northwest Immigrant Rights Project (NWIRP) filed an amicus brief in the case. Read More…
DACA Developments
With the DACA renewal process around the corner, the American Immigration Council engaged in administrative advocacy to grow the pool of individuals eligible to enter into and remain within the DACA program. Read More…