Impact Litigation

Impact litigation leverages NJFON’s legal expertise for advocacy.

From the nationwide expansion of access to asylum for victims of domestic violence to class action litigation that will help reduce the number of women and children unlawfully detained, impact litigation cases have a positive tangible effect on an indefinite number of immigrant families, even in the face of congressional inaction on comprehensive immigration reform.

Whenever possible, we partner with other organizations in these efforts.

We strategically select cases to litigate, as well as weigh in on pending cases through amicus curiae briefs, that align with our values and expertise and that have the potential to create precedent for immigrants nationwide.

Here are ways that we engage in impact litigation:

  • Work in collaboration with JFON Sites across the U.S. to litigate cases involving novel issues of law on appeal before the Board of Immigration Appeals (BIA) or one of the Federal Circuit Courts of Appeals.
  • Utilize the newly created pilot program, created by the BIA, to submit amicus curiae briefs on legal matters of importance to the JFON network.
  • Participate in the BIA referral system, created by the Catholic Legal Immigration Network Inc. (CLINIC), for identifying and litigating BIA cases that raise novel issues of law.
  • Leverage our existing relationships with the Center for New Americans, the National Immigration Project, and the National Immigrant Justice Center to provide amicus support to these established organizations’ litigation efforts.

For an overview of our 2017 Impact Litigation efforts,: 2017 National JFON Impact Litigation Report

For further reading, here are two significant cases which pose interesting questions: 

Are familial relationships sufficient basis to claim asylum?

When is the persecutor also the victim?