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.
Resources
Publication Date
04/02/2020
The VAWA Self-Petition allows abused immigrants to petition for legal status independently of their abuser. The process mirrors that of the family-based process but frees the victim from having to rely on the abuser’s cooperation to file a family-based petition. Under VAWA, an abused spouse or child of a lawful permanent resident (LPR) or U.S. citizen (USC), or an abused parent of a USC son or daughter can submit a self-petition on their own. Individuals who qualify for VAWA are able to include derivatives on their applications and both the principal and derivative are able to gain immigration benefits through the process. This practice advisory provides information on derivatives for the VAWA self-petition process as well as considerations to keep in mind when filing an application.
Resources
Publication Date
03/27/2020
This one-page resource from the ILRC and the National Juvenile Justice Network illustrates the connections between the criminalization of young people of color in the youth justice system and the current criminalization of young immigrants of color.
Resources
Publication Date
03/27/2020
This advisory seeks to clarify when, where, and how to file an I-212. It also discusses certain special circumstances such as conditional I-212s, nunc pro tunc I-212s, and how a grant to TPS or advance parole may affect the need for an I-212. The advisory addresses strategic concerns such as deciding when to file a motion to reopen versus a conditional I-212, and assessing the risks of triggering other inadmissibility or enforcement issues when advising clients.
Resources
Publication Date
03/27/2020
This advisory provides an overview of the immigration consequences of delinquency and helps advocates understand the distinctions between delinquency and crime to be able to assess whether a youth has committed an act of delinquency or a crime. It arms advocates with arguments to protect their noncitizen clients who have engaged in unlawful conduct as minors.
Resources
Publication Date
03/23/2020
This guide is for individuals whose DACA expired after September 5, 2016 and are looking to file a “renewal” application in the coming months. The guide includes annotated forms I-821D, I-765 and I-765ws which form a renewal application packet. If an individual’s DACA expired on or before September 5, 2016 or was DACA terminated, they will need to file an application as a “renewal-initial.” This means that extra documentation will be needed in order for the application to be considered complete. That type of application packet is beyond the scope of this guide.
Resources
Publication Date
02/24/2020
This packet is designed to help advocates prepare naturalization fee waiver applications. The packet includes information from USCIS and ILRC on how to complete and review a fee waiver application to accompany naturalization applications, the adjudication standards for fee waiver applications, and a sample completed fee waiver form.
Resources
Publication Date
02/23/2020
Although the TVPRA exempts unaccompanied children (UCs) from the one-year filing deadline for asylum, the current administration has been attempting to erode these protections. As a result, many UCs are at risk of losing their statutory protections and being subjected to the one-year filing deadline. This practice advisory provides UC advocates with an overview of the deadline, the exceptions for changed and extraordinary circumstances, and specific tips on satisfying this requirement in UC cases.
Resources
Publication Date
02/20/2020
In response to recent ICE enforcement practices, noncitizens who need to attend state and local courts in California may express fear of civil arrest if they attend court. This two-page tool, written for defenders and legal services providers, presents California-specific strategies for representing and advising noncitizens who may require additional procedural protections for their right to attend court. It includes discussion of recent California laws and how they affect daily court practice, as well as recommendations for documenting unlawful civil arrests and for empowering communities to exercise their rights if confronted by ICE.
Resources
Publication Date
02/04/2020
This one-hour training, recorded on February 4, 2020, provides updates on what the U.S. Supreme Court's January 27, 2020 order regarding the Department of Homeland Security's new public charge inadmissibility rule means for our clients and the immigrant community. We also discuss what we know and what questions remain at this juncture, suggestions for how to talk about this latest development regarding public charge, and initial thoughts about how to approach adjustment of status cases in light of these changes. Adjustment cases filed with USCIS before February 24, 2020 will be decided based on old criteria in effect before the new rule.
Resources
Publication Date
01/29/2020
This toolkit and webinar from ILRC, CLINIC, and the Center for Constitutional Rights provide and introduction and advice for how immigrant rights advocates can use public records act requests to get information on how immigrants are treated by local and state government agencies. These requests can be an essential part of campaigns to protect immigrant communities.
Resources
Publication Date
01/22/2020
Since 2015, the process of immigrating to the United States as the spouse of a USC or an LPR should not be any different for an LGBTQ couple than any other couple. However, advocates working with LGBTQ couples may need to consider a variety of factors when documenting and providing representation for an LGBTQ marriage-based petition. For example, is the couple currently living a jurisdiction where they can lawfully marry? And, if not, what other options does a couple have? And how might a marriage-based petition packet look if the couple has not shared their marriage or LGBTQ identity with one or both of their families? This advisory will address the first step of the marriage-based immigration process for same-sex married couples: submitting evidence of a bona fide marriage. It will also discuss red flags to address when preparing such applications and strategies for preventing fraud accusations by USCIS.
Resources
Publication Date
01/13/2020
The Immigrant Legal Resource Center (ILRC) builds a democratic society that values diversity and the rights of all people. Through ILRC’s policy and advocacy efforts, we promote a vision of racial justice that advances the rights of all immigrants, including those who have had contact with the criminal legal system.
Resources
Publication Date
01/03/2020
Section 212(h) of the INA provides a waiver for crimes inadmissibility grounds, which can be surprisingly useful for undocumented people, VAWA applicants, or permanent residents. It can be applied for multiple times; it has the potential to waive an aggravated felony conviction (unless it is related to drugs); it can be used both affirmatively and as a defense to removal; and it does not always require proof of "extreme hardship." Unfortunately, it can't be used to waive drug convictions or conduct, other than a single incident involving possessing a small amount of marijuana.
Resources
Publication Date
01/03/2020
Effective December 20, 2019, the Liberian Refugee Immigration Fairness (LRIF) act opened a one-year window that will allow many Liberians living in the United States to apply for permanent residence. The act was buried in Section 7611 of the National Defense Authorization Act for Fiscal Year 2020. This practice advisory will provide a summary of the law, which went into effect immediately and will only allow applications for relief up to December 20, 2020.
Resources
Publication Date
12/23/2019
On December 23, 2019, ILRC submitted a comment in opposition of the Department of Homeland Security’s notice of proposed rulemaking titled, “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements,” published in the Federal Register on November 14, 2019, with supplemental information published on December 9, 2019. ILRC submitted supplemental comments in early 2020.
Resources
Publication Date
12/19/2019
This report outlines the established purpose and availability of fee waivers for immigration applications, examines recent USCIS proposals to limit access and create more stringent evidentiary standards, and explores the potential consequences of a more restrictive framework on domestic violence victims and other survivors of crime. It includes results of an informal survey of legal service providers assisting domestic violence and other crime victims from around the country. Finally, it offers recommendations to make fee waivers accessible and facilitate broad access to humanitarian immigration benefits.
Resources
Publication Date
12/19/2019
The U nonimmigrant status, often referred to as the “U Visa,” is a form of immigration relief available to noncitizens who have been victims of serious crimes in the United States. As part of the protection given to victims of crimes, U petitioners are able to include certain family members in the application process. These family members are known as “derivatives”. For many family members, being a derivative on an application may be the only way they will be able to get legal status in the United States. This practice advisory outlines the requirements for U nonimmigrant derivatives as well as considerations to keep in mind when filing an application.
Resources
Publication Date
12/19/2019
The nonimmigrant status, often referred to as the “T visa” is a form of immigration status for certain noncitizen survivors of trafficking. This visa was created by Congress to help combat human trafficking and provide immigration relief to persons who were affected. As part of the protections given, Congress allowed for applicants to petition for certain family members to gain status. These family members are known as “derivatives.” For many family members, being a derivative on an application may be the only way they will be able to get legal status in the United States. This practice advisory provides information on derivatives for T nonimmigrant status as well as considerations to keep in mind when filing an application.
Resources
Publication Date
12/17/2019
Sanctuary policies have been under attack since the 2016 presidential campaign and throughout the Trump administration. Nonetheless, these policies have continued to expand, both geographically and in terms of substantive policy content and protections. This detailed report describes what sanctuary policies are and how they are enacted across the country, detailing the changes over the last three years and providing context to the public discourse about local policies related to immigration. It is accompanied by our live national map with data on county-level involvement with ICE: www.ilrc.org/local-enforcement-map.
Resources
Publication Date
12/17/2019
It is important to remember that immigration law and regulations exempt some categories of immigrants from public charge inadmissibility and provide many types of immigration status that are not subject to the public charge ground of inadmissibility. This advisory provides an overview of the exemptions to public charge inadmissibility and the forms of relief a client may seek without being subject to a public charge test. It also discusses public charge issues to keep in mind when advising immigrants who may be considering adjustment of status or consular processing through a family or employer petition after having a status that is not subject to public charge inadmissibility. Understanding these considerations will help advocates best counsel their clients and prepare applications in the current climate of uncertainty surrounding public charge policy.
Resources
Publication Date
12/16/2019
California law requires prosecutors to consider immigration consequences when plea bargaining. Cal. Pen. C. 1016.3(b). This memo describes the unique duties prosecutors have when charging and negotiating DUI-related cases with DACA recipients.