Resources
Publication Date
06/29/2020
This Practice Advisory is a detailed follow-up to our prior Practice Alert on the Supreme Court's April 23, 2020 decision in Barton v. Barr, 140 S. Ct. 1442 (2020). In Barton, the Court held that committing an offense “listed in” the inadmissibility grounds at INA § 212(a)(2) triggers the "stop-time" rule for purposes of cancellation of removal eligibility, even for an admitted LPR who cannot be charged as removable under the inadmissibility grounds. This Advisory provides an in-depth discussion of the Barton decision, focusing on legal arguments to push back against overreaching DHS efforts seeking to trigger the stop-time rule, legal arguments and trial strategies to prevent conduct that did not result in conviction from triggering the stop-time rule, and considerations for criminal defense lawyers representing immigrants in criminal proceedings.
Resources
Publication Date
06/24/2020
Non-LPR Cancellation of Removal is an important deportation defense for eligible individuals in removal proceedings who have resided in the United States for many years. Proving “exceptional and extremely unusual” hardship to a qualifying relative can be difficult, but when medical or psychological conditions are present, they are often the strongest hardship factor. This advisory explains how to meet the requisite hardship burden in Non-LPR Cancellation cases by demonstrating medical and psychological hardship, especially in light of the BIA’s recent decision, Matter of J-J-G. The advisory discusses various ways to document medical and psychological conditions and show how those conditions would cause hardship to qualifying relatives, in the event of the applicant’s removal.
Resources
Publication Date
06/23/2020
The COVID-19 pandemic demands a bold, urgent public health response for incarcerated communities. Even before this health crisis, California’s jails, prison system, and immigration detention centers were dangerously overcrowded and medically negligent. The Dignity not Detention Coalition, in partnership with CURB, JusticeLA, and Human Impact partners, created A Budget to Save Lives, a community-based decarceration strategy which presents intersectional reforms in five key areas including: Jail population reduction, prison population reduction, immigration detention population reduction, youth decriminalization & decarceration, and community-based services & alternatives to incarceration. Now more than ever before, it is imperative that California divest from criminalization and incarceration and invest in cost and life-saving solutions for the health and wellbeing of our communities.
Resources
Publication Date
06/22/2020
Jails and prisons are the primary funnel into immigration detention centers across the nation. Instead of letting people who are due for release from custody go home, jails transfer them to ICE. During this pandemic, these transfers to ICE not only affect the individuals themselves, but contribute to community spread of COVID-19. Local and state actors are making a choice to spread the virus by transferring people to ICE, rather than allowing them to go home and shelter in place. In order to halt the unnecessary spread of COVID-19, we must stop all these transfers now. The resource below is available with both a national and CA-specific focus.
Resources
Publication Date
06/18/2020
On June 18, 2020 the U.S. Supreme Court sided with DACA recipients ruling that the way in which the Trump administration rescinded the DACA program in 2017 was unlawful. The decision is a huge victory for immigrant communities and their allies who mobilized to protect the DACA program.
Resources
Publication Date
06/15/2020
On June 5, 2020, the California Court of Appeals, Second Appellate District, published People v. Ruiz, holding that the defendant could vacate her conviction because she was not advised that her conviction will carry deportation consequences. Rose Cahn, Mike Mehr, and appellant’s counsel, filed the above letter with the Court of Appeal, suggesting clarification that defense counsel bears the duty to advise about specific immigration consequences, and distinguishing from the court’s more general obligation to advise about potential immigration consequences.
Resources
Publication Date
06/12/2020
Before pushing for change at the county level, it is crucial to understand the powers and responsibilities of different county officials and bodies. This resource is for Texas advocates and explains the authority and jurisdiction of various local elected county officials in Texas.
Resources
Publication Date
06/11/2020
U.S. Citizenship and Immigration Services (USCIS), an agency funded by the fees of US citizens, employers, and immigrants, is asking Congress for $1.2 billion in appropriated money to cover up years of deliberate fiscal and policy mismanagement by the Trump administration. The ILRC and DHS Watch drafted a letter signed by over 100 groups asking that Congress condition any appropriated funds to USCIS's reversal of policies and actions that produced the current deficit and subverted the agency’s core services mission.
Resources
Publication Date
06/10/2020
This resource outlines some best practices for advocates and stakeholders working to expand access to, and automate, state record clearance.
Resources
Publication Date
06/02/2020
Immigration policies put forth under President Trump have had a unique and significant impact on immigrant survivors of gender-based violence, who now face even greater barriers to access safety and justice. This report seeks to document the impact of President Trump’s administrative actions on immigrant survivors of gender-based violence and to examine how the Trump administration has empowered abusers to use institutions and systems to silence survivors.
Resources
Publication Date
05/15/2020
On May 7, 2020, ILRC co-authored and signed on to a comment opposing recently published USCIS policy manual instructions for adjustment applications under the Liberian Refugee Immigration Fairness Act (LRIF).
Resources
Publication Date
05/12/2020
As a local elected law enforcement official and operator of county jails, Sheriffs play a critical role in ending the arrest-to-deportation pipeline. This advisory for advocates in Texas explains the power of county sheriffs, and measures they can take to reduce the number of people being funneled into the deportation pipeline, without violating state laws like SB 4.
Resources
Publication Date
05/06/2020
On April 23, 2020, the U.S. Supreme Court issued an adverse, 5-4 decision in Barton v. Barr, No. 18-725 (U.S. Apr. 23, 2020), a case regarding the “stop-time rule” and eligibility for cancellation of removal. The Court held that committing an offense “listed in” the inadmissibility grounds at INA § 212(a)(2) stops time for purposes of cancellation, even for an admitted LPR who cannot be charged as removable under the inadmissibility grounds. The Barton opinion will primarily limit eligibility for LPR cancellation, but will have some impact on non-LPR cancellation and VAWA cancellation. This Practice Alert provides a summary and some analysis of the Barton opinion, and some initial tips for practitioners.
Resources
Publication Date
05/05/2020
COVID-19 has made one thing clear; when law enforcement cooperates with ICE this has dire public health implications. There have been renewed and urgent efforts to stop this cooperation, including a recently filed lawsuit California Attorneys for Criminal Justice, et al. v. Gavin Newsom, California Governor, et al., challenging the transfer of people from state and local custody to ICE in the midst of COVID-19. Ten current and former district attorneys and police chiefs from across California filed an amicus curiae letter brief in support of this lawsuit. This letter brief was authored and organized by Fair and Just Prosecution, Immigrant Legal Resource Center, and Pillsbury Winthrop Shaw Pittman LLP.
Resources
Publication Date
04/21/2020
U nonimmigrant status and T nonimmigrant status, often called “U visas” and “T visas,” are humanitarian forms of immigration relief for crime survivors. Congress created these forms of relief with the dual purpose of aiding law enforcement, by encouraging crime victims to cooperate, and providing humanitarian relief for crime survivors. Both forms of relief have a certification process by which applicants request certification from a law enforcement agency to document their cooperation. In recent years, many states have enacted U and T visa certification legislation in order to assist eligible immigrants in obtaining law enforcement certifications. This practice advisory provides a summary of the current and pending state statutes regarding certifications as of March 2020.
Resources
Publication Date
04/21/2020
Protection under the Convention Against Torture (CAT) is an important relief option for individuals who are unable to qualify for asylum or withholding of removal. This advisory reviews the legal standard for CAT protection. It also provides an overview of seminal Board of Immigration Appeals and federal circuit court decisions that discuss the various elements of a CAT claim. The end of the advisory contains a useful chart which compares asylum, withholding of removal, and CAT.
Resources
Publication Date
04/21/2020
Increasingly prosecutors are asked to consider immigration consequences in the charging and plea-bargaining process. Some states have adopted policies requiring prosecutors to consider such consequences, see, e.g., Cal. Pen. C. § 1016.3(b), and some prosecutor offices have adopted internal guidelines mandating the consideration of immigration consequences. This advisory provides context for why such a prosecutorial policy or practice is legally necessary and permitted, if not mandated, by constitutional law and governing codes of conduct.
Resources
Publication Date
04/20/2020
The ILRC’s Immigration Preparedness Toolkit is a resource-packed informational document designed to help immigrants with no legal status or in mixed status families begin to understand the immigration legal landscape and plan for their own journey through an ever-changing, complex system in the United States. This free toolkit offers in-depth, yet easily accessible information that outlines the basics about a variety of topics including: your rights during ICE confrontations, the different types of immigration options available, ideas for building your consultation roadmap, and tips on covering your bases while waiting for relief. This 13-page resource also incorporates links to other helpful reference documents, fact sheets, and tools readers can use to construct their own personalized plan.
Resources
Publication Date
04/15/2020
In 2016, California passed California Penal Code § 1473.7, a critical post-conviction relief vehicle for people no longer in criminal custody to move to eliminate prior convictions that violated constitutional and statutory rights to due process and effective assistance of counsel. Under decades of legal precedent, prior offenses vacated on this basis are outside the federal immigration definition of "conviction." Nevertheless, some DHS attorneys incorrectly argue that § 1473.7 vacaturs are not effective for immigration purposes. This practice advisory, a Sample Memorandum of Law and Table of BIA Cases, presents arguments and precedent for refuting DHS's arguments.
Resources
Publication Date
04/14/2020
As more and more jurisdictions are contemplating releasing people from jails and prisons, it is critical that we consider ways to ensure that people released are not immediately transferred to the harmful deportation system. ILRC, together with our allies, Asian Prisoners Support Committee, Asian Americans Advancing Justice – Asian Law Caucus, and California Alliance for Youth and Criminal Justice, put together this list of recommendations that advocates can use to demand responsible releases.
Resources
Publication Date
04/09/2020
Over the years, various courts throughout the country have agreed that prolonging custody of a person solely based on an ICE detainer request is unlawful for numerous reasons. This practice advisory provides a summary of the court decisions related to ICE detainers and the arguments to challenge localities that continue to detain people for ICE. The cases discussed here illustrate some of the detailed arguments that are developing over what the Fourth Amendment requires and what is authorized or not by federal and state laws.
Resources
Publication Date
04/07/2020
The Department of Homeland Security and the Department of Justice are ramping up efforts to investigate U.S. citizens and pursue denaturalization cases. This will result in many U.S. citizens being denaturalized and losing their citizenship. These efforts will have a chilling effect on the number of legal permanent residents applying for U.S. citizenship and will further burden a system that is already delayed in adjudicating and granting immigration benefits. This Practice Advisory reviews the present state of denaturalization and revocation of citizenship. It thoroughly reviews the statutes and caselaw to date in denaturalization and revocation of citizenship. Practitioners handling these cases will find this Practice Advisory to be very useful when defending U.S. citizens who are under the threat of having their citizenship torn away from them.
Resources
Publication Date
04/06/2020
These printable resources are concise handouts that serve as reminders for those in the immigrant community that are anxious about accessing healthcare or getting treatment related to the coronavirus (Covid-19) due to the potential impact on their Public Charge assessment. They are in English and in Spanish and include links to know your rights and locate legal service providers in your area.
Resources
Publication Date
04/03/2020
ILRC sent a request to USCIS headquarters to provide more information and to also take certain actions to deal with the consequences of the closure of USCIS public services and the impact of COVID-19 on the immigrant public. These are concerns raised by the individuals and organizations with whom we partner. We have promised to raise more issues as the emergency situation continues.
Resources
Publication Date
04/02/2020
This advisory provides an overview of the most common types of motions filed with the Board of Immigration Appeals. It discusses the types of motions the Board will accept while proceedings are pending before it, such as motions to remand. It also discusses motions filed with the Board after it has issued a final order of removal, which includes motions to reconsider and motions to reopen. It contains guidelines on determining what type of motion is appropriate in specific circumstances and how to prepare and file motions in a way that meets legal requirements and complies with the Board’s procedural rules.
Resources
Publication Date
04/02/2020
The American Immigration Council, the American Immigration Lawyers Association, ASISTA Immigration Assistance, the Catholic Legal Immigration Network, Inc., the Immigrant Legal Resource Center, Kids in Need of Defense, and the Tahirih Justice Center submitted this comment in response to the proposed revisions to USCIS Form I-290B, which were published in the Federal Register on December 6, 2019.