Amicus Brief

In May and June 2025, ASISTA joined partners at Boston College School of Law, Harbor COV, and Tahirih to submit an amicus briefs to the First and Fourth Circuit Courts of Appeals in cases challenging the executive order on birthright citizenship. ASISTA and partners highlighted the importance of maintaining a preliminary injunction against implementing the order. If the order were implemented, many immigrant mothers of U.S.-born children would only be able to prove their child’s citizenship by submitting documentation about the child’s father’s immigration status. For survivors of intimate partner violence, just knowing the need for this documentation could make it difficult or impossible to leave the abusive relationship. For survivors of sexual assault or trafficking, contacting the perpetrator for the paperwork could put them and their families in immediate physical danger. Using real-life examples, the brief illustrates the stakes if immigrant parents were forced to choose between maintaining their safety and establishing their children’s rights. It urges the court not let this become reality. Read the First Circuit Brief, Doe v. Trump , here ; read the Fourth Circuit Brief, Casa, Inc., et al. v. Trump , here .

On Monday, Oct. 28, AILA, ASISTA, and ICWC submitted a joint amicus brief to the US District Court for the Middle District of Florida, regarding the proper analysis USCIS should use to assess whether a crime underlying a U visa petition is “qualifying criminal activity.” The complainant in the case had been the victim of a strong arm robbery during which a felonious assault also occurred, but USCIS denied relief based on very narrow and stringent readings of the law. Drawing on a prior ASISTA brief, the amici argued for a more flexible category-based approach to the qualifying crime analysis and criticized the elements-only approach the agency typically employs. Should the lawsuit succeed, the way USCIS analyzes all U visa crimes could be improved and broadened so that more survivors can obtain the protections they need and deserve. Click here to access the Amicus Brief.

Brief of Amici Curiae ASISTA Immigration Assistance, Asian Pacific Institute on Gender-Based Violence, Esperanza United, and Tahirih Justice Center in support of the BIA’s consideration of the impacts of domestic violence, sexual assault, human trafficking, or other forms of gender-based violence when determining whether to grant and untimely motion to reopen premised on a vacatur of a criminal conviction. Amici were represented pro bono by Alston & Bird.

ASISTA and other amici filed this brief regarding USCIS’s unreasonable delay in adjudicating U visa work authorization requests. Amici were represented pro bono by Nathan Warecki, Brianna Nassif, Lauren Maynard, and Myra Benjamin from Nixon Peabody. Click here to access the amicus brief.

The 1st Circuit found that the BIA had abused its discretion in failing to follow Matter of Sanchez-Sosa in adjudicating the U visa petitioner’s Motion to Reopen and ordered remand. Click on the links to access the Amicus Brief and the Decision .

ASISTA argues that DHS regulations prohibiting U visas for after-acquired spouses of crime victims violates the Congressional goals of the U visa law. See Amicus here .

Yesterday, ASISTA, along with our partners, submitted an amicus brief challenging EOIR’s erosion of docketing tools like continuances and administrative closures. This errosion results in limiting access to critical immigration relief for survivors of domestic violence, sexual assault, human trafficking and other serious crimes.

This amicus brief , submitted to the Southern District of Florida, addresses USCIS’s requirement that self-petitioners show shared residence with their abuser during the marriage. With deep gratitude to Prof. Rebecca Sharpless and law students Meredith Hoffman and Olivia Parise from the University of Miami School of Law’s Immigration Clinic for their hard work on this brief. Click here to download the amicus brief in Word version.

Many thanks to fellow authors: Nareeneh Sohbatian from Winston & Strawn LA, and Brigit Greeson Alvarez and Victoria Bonds (intern extraordinaire) from LAFLA. Click here for amicus filed at the 9th Circuit , and click here for amicus filed at the BIA . To download the briefs in Word version, click here for 9th circuit brief , and here for the BIA brief .

ASISTA, along with Asian Pacific Institute On Gender-Based Violence, Casa De Esperanza, Futures Without Violence, National Alliance To End Sexual Violence, and the Tahirih Justice Center, submitted an amicus brief in the 7th Circuit Court of Appeals regarding how judges must follow the guidelines outlined in the 2012 BIA case Matter of Sanchez Sosa , and how failing to do so contravenes the protections in found int the Violence Against Women Act.