Case Summary

In 1986, Congress passed a law offering legalization to undocumented immigrants who had resided in the U.S. for the last five years—but the Administration denied amnesty to many applicants who qualified. LULAC leapt into action, suing to secure their right to legalization, and ultimately winning after a ten-year legal battle.

“LULAC’s fight for civil and human rights does not expire—from LULAC v. INS to today, we continue standing for immigrant dignity and a path to citizenship for long-time residents who contribute to our nation, while confronting the broken immigration system that still keeps families in the shadows.” said Roman Palomares, current LULAC National President.

Congress’s Immigration and Control Act granted a one-year window for undocumented immigrants who had lived in the U.S. continually since 1982 to apply for legalization. The Act made an exception for “brief, casual, and innocent absences.” When the INS implemented Congress’s plan, however, INS rejected every applicant who had left the U.S. for any reason after the Act was passed.

LULAC sued, and in LULAC v. INS a District Court ruled that INS’s actions were illegal and gave the rejected applicants extra time to re-file their applicants. On appeal, INS argued that the court could not give the applicants extra time beyond original window.

The government fought the case hard, and LULAC, Catholic Social Services, and the other organizations involved were forced to defend their initial victory through years of appeals, remands, and new developments. After over a decade of further litigation, the Ninth Circuit awarded LULAC complete victory in Catholic Social Services v. INS.

Legal Documents

01/11/1954 Opinion in LULAC v. INS

01/11/1954 Opinion in Catholic Social Services v. INS