Immigration Lawsuits and the APA: The Basics of a District Court Action

NILA, AIC PRACTICE ADVISORY, September 22, 2021

"The Administrative Procedure Act (APA) is a federal statute that regulates federal agency action in a number of ways. Relevant here, the judicial review provisions of the APA, 5 U.S.C. § 701, et seq., provide a means for an individual—including noncitizens—or an employer to challenge unlawful decisions or action by immigration agencies in cases outside of the removal context. This practice advisory addresses the basic requirements for an APA suit, with a focus on challenging the unlawful denial of immigration benefits, particularly by U.S. Citizenship and Immigration Services (USCIS). The advisory does not address in any detail the use of the APA to challenge delayed agency action, 2 or the APA provisions relating to the promulgation of agency regulations and the standards for challenging regulations."

Copyright (c) 2021, National Immigration Litigation Alliance (NILA) and the American Immigration Council (AIC); republished with permission.  This Practice Advisory is intended for lawyers and is not a substitute for independent legal advice supplied by a lawyer familiar with a client’s case.  The author of this practice advisory is Mary Kenney, Deputy Director, NILA. Special thanks to Tiffany Lieu, former NILA staff attorney, for her assistance.