Resources
Publication Date
05/20/2014
Resources
Publication Date
07/08/2014
This op-ed on Unaccompanied Alien Children was written by one of our summer law interns, Kathleen Kavanagh. In recent months, we’ve seen an unprecedented jump in child arrivals mostly from Honduras, El Salvador, and Guatemala. The Official Border Patrol statistics show that over 47,000 unaccompanied minors have already been apprehended in the first eight months of fiscal year 2014.Read the entire article below.
Resources
Publication Date
07/23/2014
On July 21, 2014, Governor Brown signed into law a provision that will make a California misdemeanor have a maximum possible sentence of 364 days. This will provide crucial help to immigrants convicted of minor offenses.
Resources
Publication Date
08/20/2014
This letter was sent to all California County Counsel and Sheriff Offices to advise on Miranda-Olivares and urge jurisdictions to stop complying with Immigration detainers, unless or until such detainers are accompanied by a judicial determination of probable cause to satisfy the requirements of the Fourth Amendment.
Resources
Publication Date
08/22/2014
Resources
Publication Date
08/26/2014
In Rendon v. Holder the Ninth Circuit clarified when a statute is truly “divisible” under the categorical approach, and held that California burglary (Penal Code § 459) never constitutes the aggravated felony “attempted theft.” This holding also means that California burglary never is a crime involving moral turpitude, under the categorical approach.
Resources
Publication Date
08/26/2014
In 2013, U.S. Immigration and Customs Enforcement (ICE) issued a Parental Interests Directive to provide federal guidelines regarding immigration enforcement against parents and legal guardians. The Directive emphasizes that ICE should respect an immigrant parent’s rights and responsibilities, and seeks to ensure that “immigration enforcement activities do not unnecessarily disrupt” parental rights. This resource summarizes the key provisions of the Directive and provides tips to those working within the dependency system on how to best ensure an immigrant parent can meaningfully participate in the dependency proceedings.
Resources
Publication Date
08/26/2014
On September 30, 2012, the state of California enacted the Reuniting Immigrant Families Act (“SB 1064”). SB 1064 is the nation’s first law addressing the reunification barriers faced by many immigrant families involved with the child welfare system. The law clarifies that maintaining children’s ties to their families remains the priority despite barriers imposed by immigration status, including immigration detention and deportation.
Resources
Publication Date
09/09/2014
The attached provides an overview of the various policy points that advocates should consider in arguing for stronger ICE hold policies, including what language to avoid.
Resources
Publication Date
09/10/2014
This chart is a compilation of resources for advocates working with Unaccompanied Immigrant Children (“UAC”) and includes general resources for working with and representing the UAC population, immigration options for UACS, laws affecting UACs, overview of the immigration detention and deportation process for immigrant children, and legal know your rights for children.
Resources
Publication Date
09/09/2014
Visual map of what may happen to immigrant children in the immigration system including apprehension, detention, immigration court, and deportation.
Resources
Publication Date
09/09/2014
Owing to a growing number of polices will limit ICE holds, and updates in case law, fewer people will be subject to mandatory detention, particularly in California. This handout provides an overview of mandatory detention law including how these updates may benefit your client.
Resources
Publication Date
10/07/2014
At the ILRC, we believe in educating and thereby empowering immigrants. Immigrants are too often unaware that they have rights as consumers under California law, and that non-attorney immigration providers, defined as "immigration consultants," must meet strict requirements in order to operate legally in California. [Information on getting Anti-fraud Assistance].
Resources
Publication Date
12/10/2019
With a few exceptions, immigration authorities must use the “categorical approach” to determine whether a criminal conviction triggers a ground of removal. Expert use of the categorical approach may be the most important defense strategy available to immigrants convicted of crimes.
Resources
Publication Date
10/30/2014
SB 873 appropriates $3M to provide legal representation for Unaccompanied Minors in removal proceedings. The law also eliminates any ambiguity that California Superior Courts, including family courts, have jurisdiction to make the findings necessary for Special Immigrant Juvenile Status (“SIJS”). This fact sheet outlines how the law benefits Unaccompanied Minors, including practice tips for how advocates can leverage the law to improve practice in state court for SIJS petitions.
Resources
Publication Date
11/20/2014
Resources
Publication Date
11/24/2014
This document provides an overview of administrative relief for community members.
Resources
Publication Date
11/24/2014
This Fact Sheet focuses on the expansion of deferred action, memorialized in a Memorandum by Jeh Johnson "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Whose Parents are U.S. Citizens or Permanent Residents."
Resources
Publication Date
11/25/2014
Resources
Publication Date
11/26/2014
Resources
Publication Date
12/16/2014
These flyers are for community members and can be used to screen people into eligibility, give information about the possible benefits and provide ideas for what people can do now to prepare.
Resources
Publication Date
01/06/2015
This FAQ explains questions of legal authority for local law enforcement agencies to be involved in immigration enforcement. Specifically, the document reviews recent court decisions and examines how the law is evolving in regard to ICE detainers, administrative immigration warrants, and other immigration enforcement mechanisms that local law enforcement may encounter. The FAQ clarifies that even if there is probable cause to believe that a person is unlawfully present, this is not a basis to arrest, because local law enforcement officers do not have authority to enforce civil immigration law.
Resources
Publication Date
01/13/2015
This is an annotated chart that provides quick access to the differing crimes bars to DAPA and DACA.
Resources
Publication Date
01/14/2015
Obtenga aquí las respuestas a las preguntas más comunes sobre este nuevo programa para obtener una licencia de manejar en California.
Resources
Publication Date
03/09/2015
The first handout, "AB 60 California Driver’s License: Frequently Asked Questions," is aimed at immigration attorneys and provides an overview of frequently asked questions regarding AB 60 licenses, including some common red flags. The second handout, "Preguntas Acerca de la AB 60," is aimed at community members and written in Spanish. It provides answers to common questions such as whether it is safe to apply for an AB 60 license depending on prior criminal or immigration history.
Resources
Publication Date
03/12/2015
Special Immigrant Juvenile Status is a unique, hybrid form of immigration relief that requires the involvement of state courts before a child is eligible to apply for a special immigrant juvenile visa with U.S. Citizenship & Immigration Services. This guide includes an overview of the process of requesting SIJS findings in different types of state courts in California, providing answers to common questions about this process as well as practice pointers for different types of proceedings in California.
Resources
Publication Date
03/12/2015
Advocates may find that some state court judges are unfamiliar with Special Immigrant Juvenile Status (SIJS), or uncomfortable with their role in helping an individual access a form of federal immigration relief. This resource is intended to help advocates address the concerns of state courts with respect to Special Immigrant Juvenile Status petitions.
Resources
Publication Date
03/12/2015
Special Immigrant Juvenile Status (SIJS) cases, involving a claim of abuse, abandonment or neglect against one parent while the child resides with the non-offending parent, are commonly referred to as one-parent cases. These cases, though permissible under the plain language of the statute as well as federal agency interpretation, have proved challenging particularly at the state court phase of the application process and at times before U.S. Citizenship and Immigration Services (USCIS), the agency that adjudicates SIJS petitions. This advisory is intended to be a primer for practitioners to help them successfully advocate for SIJS where one-parent SIJS claims are involved.