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National Map of Local Entanglement with ICE

On November 1, 2019 the Department of Homeland Security (DHS) announced the automatic extension of employment authorization and other documentation for Temporary Protected Status (TPS) holders from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Each of those TPS-designated countries was set to expire in 2020 but will now be automatically extended through January 4, 2021. This practice advisory lays out what community members need to know and should do now.

This practice alert highlights the key take-aways from three recently adopted AAO decisions and some of the most important elements of the proposed regulations for advocates to challenge through comments, and contains an Appendix with case summaries of the AAO decisions.

On October 25, 2019, Attorney General Barr issued a precedential opinion limiting when immigration authorities will give effect to a state court modification of an imposed sentence.  See  Matter of Thomas and Matter of Thompson, 27 I&N Dec. 674 (AG 2019), available at: https://www.justice.gov/eoir/page/file/1213201/download (“Matter of Thomas/Thompson”)  While advocates plan to challenge this decision in the courts of appeals, it is now binding law. This advisory summarizes the case, provides advice to defenders, post-conviction practitioners, and immigrant advocates about its implementation, and suggests arguments to raise on appeal. 

This timeline provides an overview of ICE’s contracts with the City of Adelanto and GEO Group for immigration detention services at the Adelanto ICE Processing Center and how those contracts have evolved over time.

The Department of Homeland Security uses government contracts to acquire immigration detention services. This graphic explains the procurement process, or the competitive bidding process, that government agencies use to purchase services from private contractors and how DHS can use this process to enter into contracts with private prison corporations. 

Sanchez v. Sessions was a landmark Ninth Circuit ruling on suppression of evidence and termination of removal proceedings.  This advisory explains the decision, lays out the different legal standards for suppression and termination in immigration court, and highlights key holdings that practitioners can use to better defend their clients.

On August 26, 2019, the Department of Justice, Executive Office for Immigration Review (EOIR) published an interim final rule, effective immediately, with a request for public comments by October 25, 2019. ILRC posted a templated comment urging programs to send in their own responses.

This one-hour training, specifically for education and outreach providers, discusses what public charge is, who is affected by it, and what the new changes mean for immigrant families. This session includes a discussion on how to conduct outreach and education on public charge to immigrant community members.

While the best-case scenario would be for United States Citizenship and Immigration Services (USCIS) to approve a person’s naturalization application, receiving a denial after a naturalization interview is not the end of the road. If USCIS denies the naturalization application, persons can seek a USCIS hearing to appeal the denial by submitting form N-336 (informally known as an administrative appeal). Although the process is simple, many do not take advantage of this process. 

This guide outlines steps DACA renewal applicants can take if their renewal is delayed.

Form N-648, the Medical Certification for Disability Exceptions, provides an opportunity for naturalization applicants who have a physical, developmental, or mental health disability to naturalize without meeting the English and/or civics requirements. On February 12, 2019, new USCIS policy guidance went into effect regarding Form N-648. Since August 12, 2019, USCIS only accepts the new edition of Form N-648, dated 5/23/19. Incorporating current guidance, these two practice advisories review the criteria for the N-648, address how medical providers can complete a successful N-648 for naturalization applicants, and cover procedural issues relating to completing and submitting Form N-648. The first practice advisory reviews the statutory and regulatory criteria for the disability exception. The second practice advisory describes how to complete Form N-648 in partnership with a medical professional, as well as the procedure for submitting the form.

This short resource explains how California laws protect noncitizen youth in the youth justice system from immigration enforcement.

This resource is a comprehensive client intake form meant to assist practitioners in screening for immigration relief options.  Accompanying the intake form are notes to assist practitioners in spotting issues and relief options.

This resource, co-authored by the ILRC and United We Dream (UWD), compares the criminal and inadmissibility grounds for Titles I and II of the American Dream and Promise Act of 2019 with DACA and TPS.

The ILRC is pleased that Congress is engaging in a serious conversation about immigration policy and how to protect DACA recipients, TPS holders and those with DED - who are among the many groups of people of color and immigrants targeted by the Trump Administration's racist policies and discriminatory practices. 

The Immigrant Legal Resource Center created this template to help you draft your own comments in opposition to this interim rule with request for comment. The new rule can be found here. Comments are due by October 25, 2019.  We are very concerned about this rule’s “reorganization” at EOIR that eliminates OLAP, the office that has operated the Recognition and Accreditation (R & A) Program  and the legal orientation programs until now. The rule places the  remaining functions of OLAP under an Office of Policy.

It is unlikely U.S. Immigration and Customs Enforcement (ICE) will carry out immigration enforcement operations at an early childhood education center, childcare facility, or First 5 site. Nonetheless, it is important for facilities to have policies that address the concerns of the parents, families, and communities they serve. Accordingly, the ILRC put together model policies for early childhood education centers, childcare facilities, or First 5 sites in California. The model policies are meant to serve as a menu of options to choose from and adopt as relevant for your specific site. These policies can be incorporated into existing policies and do not need to be adopted in their entirety.

As a trusted institution in immigrant families’ lives, childcare providers can play a critical role in ensuring immigrant families have access to important information and resources during these turbulent and scary times. This resource provides ideas for how childcare providers can support immigrant families.

On August 8, 2019 the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) posted a second opportunity for notice and comment on the new USCIS Tip Form to collect information from the public regarding purported immigration fraud. 

In this issue: In Focus: Goals for the new Austin, Texas office; Ending 287(g) agreements: An overview of the effort to keep local law enforcement out of the federal immigration enforcement work; Congress must take down Trump administration's barriers to citizenship; 2019 Phillip Burton Immigration & Civil Rights Awards; 2018 Annual Report 

One of the most heartbreaking and galvanizing assaults on immigrant and human rights in 2018 was the administration’s policy of separating families seeking asylum, or other relief, at our borders. Read about how the ILRC responded in our 2018 Annual Report.

Moving Texas Forward: Local Policies Towards Inclusive Justice was created for the many organizations and elected officials in Texas that are struggling to find solutions to disrupt the harmful arrest-to-deportation pipeline. Texas has helped deport more people than any other state. In fiscal year 2017, more than 395,000 people, or 17% of all deportations nationwide, were deported from Texas. Texas’ role in the detention and deportation of immigrants has increased under the Trump administration and will continue to increase because of SB 4. This guide attempts to provide a comprehensive and thorough look at some of the ways advocates, policymakers, and local law enforcement can work together to minimize the arrest-to-deportation pipeline.

This practice advisory is the second resource in a two-part series on Humanitarian Forms of Relief for noncitizen victims of violence, serious crimes and persecution. They include: T nonimmigrant status, U nonimmigrant status, VAWA self-petition, asylum, and special immigrant juvenile status.   The first advisory focused on giving an overview of VAWA, U, and T Visas.  Including, eligibility requirements and some factors to consider before applying.  This practice advisory will focus on giving an overview of asylum and special immigrant juvenile status (SIJS), including their eligibility requirements and some factors to consider before applying. 

Immigrant children and families in the child welfare system face unique barriers to permanency and well-being. In some cases, their involvement in the child welfare system also presents distinct opportunities for seeking lawful immigration status. With half of all children in California coming from an immigrant family, child welfare agencies in California must be equipped to effectively support immigrant children and families on the pathway to permanency. The objective of this Toolkit is to provide guidance to child welfare agencies in California working with immigrant children and families.

This community resource explains Freedom City Policies in Austin, Texas, an example of organizers, advocates and community members coming together to fight for the decriminalization of immigrants and communities of color. It gives an overview of the policies, why they were enacted, their impact on the community, individuals’ rights under the policies and actions that may be taken if police officers violate those rights. This information is useful for community members and advocates in Austin, Texas.

In a flawed but significant decision, the Ninth Circuit held that California Penal Code § 243(d), battery with injury, is a crime of violence. United States v. Perez (9th Cir. July 11, 2019). Because of Perez, criminal defenders must assume that § 243(d) is a crime of violence and seek other dispositions when necessary.  Immigration advocates should appeal adverse decisions and preserve the argument on appeal.  See this Advisory for a discussion of the decision, alternative pleas, and suggestions for arguments.

On July 23, 2019, DHS issued a notice, expanding the reach of expedited removal to individuals who have been living in the United States for two years or less, and who live anywhere in the United States. This would allow noncitizens to be deported without an opportunity to gather evidence or to present their case to a judge. On August 6, 2019, the American Immigration Council, the American Civil Liberties Union, and the law firm of Simpson Thatcher & Bartlett LLP filed suit challenging the legality of this expansion, Make the Road New York v. McAleenan, Case 1:19-cv-02369. On September 27, 2019, the court granted a preliminary injunction in this case, which blocks the expansion of expedited removal from taking effect while the court decides the case.

On Tuesday, July 16, 2019, ILRC Executive Director, Eric Cohen, testified before the House Judiciary Subcommittee on Immigration and Citizenship about the current dysfunctional state of our country’s naturalization program. He joined representatives from the American Immigration Lawyers Association (AILA) and Catholic Legal Immigration Network, Inc. (CLINIC) to shed light on how USCIS policy changes and processing delays are negatively impacting those seeking immigration benefits and our country as a whole.

This practice advisory provides an overview of ways to advocate with USCIS and DHS components for solutions to individual case problems and systemic issues.