This alert describes recent changes to the naturalization disability waiver. On October 19, 2022, USCIS announced major revisions to the Form N-648, which is used by naturalization applicants who seek a waiver of the English and/or civics requirement based on a disability or impairment that causes the applicant to be unable to learn or demonstrate knowledge of English and/or civics. USCIS also published major changes to the accompanying USCIS Policy Manual guidance.
Survivors of human trafficking and of domestic or sexual violence often are charged and convicted of offenses that arose as a direct result of their exploitation. For noncitizens, the criminal record can cause deportation or destroy their eligibility for humanitarian visas. In the last five years, California has enacted multiple laws to avoid this injustice in criminal court, including a defense to a criminal charge and a vehicle to vacate a past conviction for survivors who were coerced to commit the offense, or in other cases mitigation of sentence. This advisory describes the new criminal laws and their immigration effect, so that criminal defenders and immigration and survivor advocates are aware of these options.

Biden Administration Must Treat All Asylum Seekers at Border Equally

(Washington)—President Biden’s plan to extend Title 42 to Venezuelan migrants at the southern border and send them back to Mexico is racist and hateful. Title 42 is a manipulation of public health law used to create a complete closure of the southwest border during the first months of the COVID-19 pandemic. The policy is based on the idea that immigrants coming to the United States present a threat to the health of communities in the United States.

Drug offenses cause the harshest, most disproportionate immigration penalties of any offense. Criminal defenders and immigration advocates need information to work aggressively to defend immigrant clients. This advisory provides strategies to avoid a drug conviction, including how and when to use Penal Code § 372.5 (2023), along with practice tips, resources, and arguments to support negotiating for an immigration neutral plea or disposition in criminal court.
In ILRC’s A Platform for Immigrant Justice: Executive Action the Biden Administration Must Enact we outline bold, urgent and necessary policy solutions the Biden administration must enact to ensure immigration benefits are more equitable and accessible and that the work of dismantling the oppressive systems of enforcement, detention and surveillance begins.

Alexia Seay

Alexia is a graduate of Texas State University’s School of Mass Communication and Journalism. She previously worked for a video production company as the Editing Coordinator and Lead Editor. Her love of video editing came from an immense passion to tell people’s stories and the unique ability that video has to reach so many audiences.

Kate Teran

Kate is the Grants and Contracts Associate at ILRC. A Northern California local, Kate has worked across the progressive advocacy community as a capacity builder, thought partner, and grants manager with a specialization in multi-entity structures and advocacy. Prior to joining ILRC, she worked with Dream Defenders, providing strategic transitional support to their Operations team, and at Tides Advocacy, where provided operational coaching and troubleshooting for a nation-wide portfolio of 501(c)(4) organizations.  She is fluent in Spanish and holds a B.A from Boston University.

Parole in Immigration Law

DACA
Family-Based
U Visa/T Visa/VAWA

The Immigrant Legal Resource Center created the first comprehensive manual about parole in immigration law in 2016 to provide practitioners with a one-stop guide to the legal requirements of all the different types of parole, practice pointers about...