Results

The Biden administration announced the designation of Venezuela for TPS, effective March 9, 2021 through September 9, 2022. TPS provides protection from removal, work authorization, and the option to request permission to travel abroad. The 180-day registration period is currently open through September 5, 2021. This advisory provides an overview of the requirements and application process for TPS for Venezuela. It also includes a brief summary of Deferred Enforced Departure (DED) for Venezuela which is also currently in effect through July 20, 2022.

ILRC

With USCIS now accepting requests for DACA from individuals who have never had DACA, it's VITAL that we understand how to put our best foot forward when compiling evidence documents and application forms. In this video Staff Attorney Veronica Garcia and Legal Outreach Coordinator Abraham Bedoy walk through everything you need to know to prepare to submit your initial application packet! 

Between 2014-2021, California advocates have blazed new trails, advocating and passing a state reform agenda that lifts up the needs of citizens and noncitizens.  This toolkit discusses some of CA’s crim/imm legislative reform efforts. Each section contains a discussion with the bill’s primary lead including reflections about compromises and mistakes we wish we hadn’t made. We include draft legislation, opeds, and media, to assist advocates across the country.

We previously circulated a sample brief,  Using and Defending PC 1473.7 Vacaturs. But, at times, DHS continues to object to 1473.7 vacaturs. Thanks to Pangea Removal Defense Attorney Luis Angel Reyes Savalza and Immigration Attorneys Merle Kahn and Daniel Shanfield for agreeing to sharing their his recent redacted responses to DHS opposition. This briefing includes a response as to why the 2019 amendments to 1473.7 do not, in fact, turn the statute into a rehabilitative mechanism.

In this webinar, we shared the ILRC's recommendations for enacting immigration policies that are guided by values that uphold the dignity of all immigrants and bring us closer to becoming the country we promise to be.

Despite new state laws legalizing cannabis for recreational use, archaic U.S. drug laws still classify marijuana as federally illegal. Because immigration is governed by federal law, this means that noncitizens may face serious problems down the line if they are not aware of how their experiences with cannabis could impact their immigration journey. This video and accompanying infographic detail the specific risks associated with the use or possession of cannabis and/or industry employment.

Desp

This resource briefly reviews the February 18, 2021 interim ICE Memo issued by Acting Director Tae Johnson regarding how ICE will carry out DHS enforcement priorities. The new ICE guidance, effective immediately, will remain in effect until DHS Secretary Alejandro Mayorkas issues new DHS enforcement guidelines. This resource covers applicable enforcement actions, a review of the described enforcement priorities, and potential advocacy opportunities.

Certain criminal convictions are bars to eligibility for DACA.  However, if these convictions can be “expunged,” they will cease to be an absolute bar. Here, an “expungement” refers to any legal process where a criminal court can withdraw, erase, seal, or otherwise eliminate a conviction under a state statute, based on the fact that the person completed probation or other requirements, or for humanitarian reasons. Note that while DACA government materials call this an “expungement,” different state laws may use different terms for this kind of rehabilitative relief. An expungement is not given effect for most immigration purposes – but it does work for DACA.  For example, a misdemeanor conviction for driving under the influence is a bar to applying for DACA as a “significant misdemeanor.” If  the person has the conviction “expunged,” however, they are not barred from applying, and if they have enough positive equities they may well be granted DACA.

What are sheriffs, what powers do they have, and how are they involved in immigration enforcement?  This short fact sheet helps explain the role and power of sheriffs and their engagement with ICE.

The Trafficking Victims Protection Reauthorization Act of 2008 confers initial jurisdiction over asylum claims filed by unaccompanied children (UCs) to the asylum office. The Board of Immigration Appeals’ decision in Matter of M-A-C-O-, as well as policy changes by the Trump administration have sought to strip away this crucial protection from many child asylum seekers. Because of these changes and legal challenges by immigrant youth advocates, the current landscape of initial UC asylum jurisdiction is in flux. This practice advisory provides an overview of the current state of UC asylum jurisdiction following the Matter of M-A-C-O- decision and issuance of the Lafferty Memo. It also discusses the ongoing JOP v. DHS litigation and gives some arguments and tips for practitioners to help them advocate for their UC clients to receive the statutory protections afforded by the TVPRA. 

This one-pager goes over basic Know Your Rights information for immigrants incarcerated in California prisons.  It includes suggested contact information for families and community members in need of  immigration screening.

In this issue: HETAP - Reaching Immigrant Students on College Campuses, Organizing - The Heart of the Movement, Office Roundups, and more. 

DACA has undergone turbulent changes since it was announced in 2012. Terminated and reinstated numerous times since, these changes have shown the urgent need to pass a permanent and inclusive legislative solution that will provide a pathway to citizenship not only to DACA recipients but their family members. In the meantime, the Biden administration must fulfill its campaign promise to protect DACA recipients and their parents. The ILRC collected 12 critical proposals from DACA recipients and legal advocates to ensure that any executive action regarding the DACA program aligns with our community values.

This resource is designed to help guide individuals gather the documents needed to file a Violence Against Women Act (VAWA) self-petition. The guide provides information for individuals as they begin to gather needed documentation and evidence for their filings. Note that the guide is not a comprehensive explanation of the law or its requirements, but instead a user-friendly resource meant to help a self-petitioner learn what documents are necessary. The resource is divided into three sections of the documentation needed to prove eligibility for VAWA, how the self-petitioners can build a declaration and the information that should be included, and lastly walks individuals through where and how these documents can be requested.

Enacted on December 20, 2019, the Liberian Refugee Immigration Fairness (LIRF) act began a program that will allow many Liberians living in the United States to apply for permanent residence. The statute originally had a one-year application window that ended on December 20, 2020, but Congress extended the application period another year to December 20, 2021 in the Consolidated Appropriations Act, 2021.

As new applicants begin to set their sights on initial DACA requests, there are several questions worth asking and steps worth taking to prepare productively. This guide is designed to walk community members through eligibility and process for submitting an initial application for deferred action and employment authorization. For information on submitting a renewal DACA application, please visit our full application deep dive video here.

On December 22, 2020, the ILRC submitted comments in opposition to EOIR’s notice of proposed rulemaking regarding what constitutes “good cause” for a continuance in removal proceedings. The proposed changes severely restrict the circumstances in which respondents can obtain continuances in removal proceedings, as well as the number and length of continuances. These changes will have a devastating impact on respondents’ due process rights, essentially eliminate protections from removal for VAWA and U-visa petitioners, further interfere with the independence of immigration judges, and curtail administrative efficiency.

On November 14, 2020, a U.S. District Court found that the U.S. Department of Homeland Security (DHS) memorandum issued in July 2020 limiting the DACA program was invalid.  This decision restored the DACA program to its original 2012 form and opened up the possibility for first-time applicants, restored two-year renewals, and allowed for DACA recipients to submit advance parole applications. 

TPS recipients from six countries face potential termination of that protection from the Trump Administration, potentially impacting approximately 300,000 people.  This resource provides an update on the current status of TPS for these countries and what rights and options beneficiaries have.  It also outlines what they might expect as a result of legal challenges to the termination and under a new administration.

ILRC filed comments opposing USCIS’s changes to discretion in adjustment because they violate existing case law. The changes represent an attempt to impose new eligibility requirements that are also a violation of the Administrative Procedure Act (APA) because they went into effect without the required regulatory notice and comment process. The agency has provided no explanation for this abrupt departure from prior procedure and application of the law. In addition, the policy manual will unduly burden eligible applicants and USCIS adjudicators by requiring a separate, lengthy adjudication of thirty specific discretionary factors under a heightened burden of proof that requires adjustment applicants to show “clearly and beyond doubt” that they are eligible for adjustment. The new emphasis on a balancing of a myriad of factors invites arbitrary and inconsistent application of the law.

On December 4, 2020 a federal judge ordered the Department of Homeland Security to fully restore the original DACA Program. Allowing for the continuation of renewals, and opening the program to first time applicants. This resource is a summary on what this means for the community, how it impacts those looking to apply, and what next steps someone can take. 

Local elected officials have significant power to enact policies that protect their immigrant residents. From ordinances limiting involvement with ICE to decriminalization to terminating detention contracts, this toolkit for organizers and policy makers chronicles and explains the importance of different reforms.  Rather than provide a one-size-fits-all model ordinance, we have selected some of the best language from policies enacted by cities, counties, and states, and organized those policy ideas into different issue areas to help people prioritize according to the needs of their community. We identify the key policy intervention and link to examples of where state and local governments have taken this on.

In October 2020, DHS and DOJ published a final regulation that sets out wide-ranging and draconian bars to applying for, and bases to terminate a grant of, asylum. For example, the bars include conviction of any felony, any controlled substance offense, a single DUI with injury, a DUI with a DUI prior (regardless of injury), and domestic violence bars based on the underlying conduct.

Cancellation of removal under INA § 240A(a) is an important defense for lawful permanent residents who have become removable, due to criminal record or other reasons. The requirements for statutory eligibility are complex, and it is critical for advocates to understand the risks and strategies that arise from the Supreme Court’s decision on the “stop-time” rule, Barton v. Barr, --U.S.--, 140 S.Ct. 1442 (2020). This Advisory is an updated step-by-step guide to eligibility, potential arguments, and defense strategies for LPR cancellation.

The COVID-19 pandemic has created a myriad of challenges for immigration legal service providers. While some research and best practices for providing remote legal services have been developed, serving immigrant survivors of domestic violence requires a unique set of considerations. This advisory describes the findings of a small study exploring how service delivery models have been adapted for this vulnerable population during the pandemic. The advisory outlines the concerns, strategies, and lessons learned from the field in order to continue to serve immigrant survivors throughout the pandemic and beyond.