Resources
Publication Date
06/17/2019
This practice alert provides a brief overview of some of the main changes practitioners can expect with the proposed change to fee waiver eligibility and process, most significantly by eliminating receipt of means-tested benefits as a basis for requesting a fee waiver. Given that these significant changes to the fee waiver process will make it more difficult and time-intensive to establish inability to pay an immigration filing fee, we urge practitioners to advise clients who are eligible for a fee waiver based on receipt of means-tested benefits to apply as soon as possible, before this option is eliminated.
Resources
Publication Date
06/17/2019
On June 5, 2019, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) published a third notice regarding its plans to dramatically change fee waiver eligibility and process. The June 5 notice attempts to provide additional justification for its plan to eliminate means-tested benefits as a basis for requesting a fee waiver, among other changes, following April 5 and September 28 notices that lacked rationale for why such changes to fee waivers are justified. Now, USCIS is also claiming lost fee revenue as a reason for its proposed changes to fee waivers, making clear its intention to reduce the number of fee waivers that are granted. If finalized, these proposed changes will discourage eligible individuals from filing for fee waivers and immigration benefits and place heavy time and resource burdens on those who do still apply for fee waivers.
Resources
Publication Date
06/14/2019
For noncitizens, even a low level offense like a shoplifting conviction can lead to mandatory deportation. However, this can be avoided when people secure post-conviction relief to erase or modify their old convictions. If the convictions are vacated, or the sentences reduced, the grounds for removal often evaporate.
Resources
Publication Date
06/13/2019
This community alert provides key information about upcoming changes to the fee waiver process, which allows some applicants to submit their immigration applications without having to pay the filing fee if they cannot afford it. In the coming months, one of the easiest and most straightforward ways of proving that you qualify for a fee waiver request will be going away. Find out more information about this upcoming change and submit your application now if you might qualify for a fee waiver!
Resources
Publication Date
06/11/2019
Under the Immigration and Nationality Act (INA), any noncitizen who “within five years from the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.” In current practice, this ground of deportability rarely comes up in pending removal proceedings or as a reason for the initiation of removal proceedings.
Resources
Publication Date
06/04/2019
Gubernatorial pardons have become an increasingly important and accessible tool for immigrants to erase certain immigration consequences of criminal convictions. This two-page primer, written in collaboration with the UCLA School of Law Criminal Defense Clinic and available in both English and Spanish, provides an overview of the California Pardon process for potential applicants and their advocates.
Resources
Publication Date
05/29/2019
Diversion refers to a variety of programs that seek to avoid the processing of a defendant through the traditional criminal legal system. The goal of diversion is to direct an individual who has been accused of a crime into a treatment or care program as an alternative to imprisonment and/or prosecution.
Resources
Publication Date
05/16/2019
This advisory covers three possible immigration remedies that beneficiaries might be able to pursue if a family member dies during the immigration process.
Resources
Publication Date
05/13/2019
As the Trump administration’s aggressive immigration policies have increasingly come under scrutiny, Homeland Security Investigations (HSI), a division within the U.S. Department of Homeland Security (DHS), has played an increasingly significant role in carrying out brutal tactics to target immigrants for deportation.
Resources
Publication Date
05/09/2019
Starting in June 2019, Bexar County and San Antonio will implement "cite and release," a new administrative policy that seeks to reduce arrests. The policy directs law enforcement officers to use their discretion to issue citations for low-level, non-violent offenses.
Resources
Publication Date
05/06/2019
This comment period has closed. Click here respond to the latest notice of proposed fee waiver rule change.
Resources
Publication Date
04/30/2019
This resource, co-authored by the Immigrant Justice Network (IJN) and the National Immigrant Justice Center (NIJC), discusses how mandatory detention impacts individuals. IJN is a network comprised of the ILRC, the Immigrant Defense Project (IDP), and the National Immigration Project of the National Lawyers Guild.
Resources
Publication Date
04/30/2019
This resource, co-authored by the Immigrant Justice Network (IJN) and the National Immigrant Justice Center (NIJC), discusses the immigration consequences of discriminatory practices within the criminal legal system. IJN is a network comprised of the ILRC, the Immigrant Defense Project (IDP), and the National Immigration Project of the National Lawyers Guild.
Resources
Publication Date
04/30/2019
This resource, co-authored by the Immigrant Justice Network (IJN) and the National Immigrant Justice Center (NIJC), discusses the immigration consequences of discriminatory practices within the criminal legal system. IJN is a network comprised of the ILRC, the Immigrant Defense Project (IDP), and the National Immigration Project of the National Lawyers Guild.
Resources
Publication Date
04/17/2019
These flyers inform community members of the fact that it is very dangerous for any noncitizen, including a permanent resident, to discuss marijuana use with any official. This is true even if the person used marijuana in their own home and it was legal under the law of their state (because of medical or legalized marijuana state laws). Get legal counsel and get informed!
Resources
Publication Date
04/15/2019
The Trump administration has vowed to increase 287(g) agreements, which deputize state and local law enforcement officers to undertake various duties of Immigration and Customs Enforcement (ICE) agents. Indeed, as of the date of this publication, 49 of the 78 total 287(g) agreements were created during this current administration, and the number will likely continue to increase. However, all of the current 287(g) agreements will expire on June 30, 2019, unless they are renewed.
Resources
Publication Date
04/15/2019
The 287(g) program allows designated local law enforcement .officers to enforce civil immigration law s According to the Department of Homeland Security (DHS), the 287(g) program led to more than 7,000 deportations in 2018.
Resources
Publication Date
04/15/2019
Collected pages from a FOIA to ICE that relate to the 287(g) program. Includes documents from all over the country, including 287(g) applications and needs assessments, emails about joining the program, MOAs, and other records.
Resources
Publication Date
04/14/2019
The 287(g) program allows designated local law enforcement officers to enforce civil immigration laws. According to the Department of Homeland Security (DHS), the 287(g) program led to more than 7,000 deportations in 2018.
Resources
Publication Date
04/05/2019
Immigration law has its own definition of what constitutes a criminal "conviction." Because most, although not all, immigration consequences require a conviction, if your client does not have a conviction the immigration case might be saved. This Advisory discusses which dispositions that come out of criminal court actually constitute a conviction for immigration purposes, and how to avoid a conviction. It has been updated to include the BIA's decision that a conviction on direct appeal of right does not have sufficient finality to be a conviction for immigration purposes.
Resources
Understanding Unlawful Presence Under § 212(a)(9)(B) and Unlawful Presence Waivers, I-601 and I-601A
Publication Date
03/28/2019
This advisory explains unlawful presence under INA § 212(a)(9)(B) and the differences between the I-601 and I-601A waivers of unlawful presence. It covers who needs a waiver of unlawful presence, what are the requirements for a waiver of unlawful presence, and which waiver process to use depending on the applicant’s circumstances.
Resources
Publication Date
02/07/2019
The Deferred Action for Childhood Arrivals (DACA) program has faced many threats and experienced significant changes since it began in 2012. This toolkit was created to help inform DACA recipients about their rights as well as how other community members can support DACA recipients during these challenging times.
Resources
Publication Date
02/05/2019
Approximately 700,000 people are currently registered in the DACA program and have seen significant changes and threats to the program. This webinar will present an overview of the current status of DACA as well as tips on renewals and exploring other immigration options for DACA recipients. The webinar will also provide an update on pending litigation and what it might mean for the future of the program and how DACA recipients can prepare for different outcomes. Finally, presenters will provide an update on legislative efforts and identify opportunities for advocacy.
Resources
Publication Date
01/30/2019
Over the past four years, working with partner organizations throughout California and nationally, the ILRC has helped advocate and pass a series of reforms at the local and state levels that advance the rights of both citizens and noncitizens and connect the dots between the criminal and immigrant justice movements. This graphic describes some of these campaigns. If you would like support leading similar policy efforts of your own, please feel free to reach out to Rose Cahn, rcahn@ilrc.org.
Resources
Publication Date
01/23/2019
In Stokeling v. United States, the Supreme Court addressed the definition of a "crime of violence" under the ACCA. This advisory alerts public defenders and immigration advocates to possible immigration challenges caused by Stokeling, and defense strategies.
Resources
Publication Date
01/21/2019
In spite of the constant attacks on sanctuary policies from the current administration, these policies continue to spread, and continue to win in the courts. More than 120 new sanctuary-type laws have been enacted since January 2017, and at least 20 federal court rulings have found in favor of jurisdictions that limit their assistance or involvement in immigration enforcement.
Resources
Publication Date
01/09/2019
This report outlines the state of immigration enforcement in Orange County, California by providing a window into the historical and current state of Orange County’s immigration policies, their impact on local residents and the considerations and values that ought to guide a vision for a new Orange County. Specifically, the report offers a first look at data obtained through Public Records Act requests from the Orange County Sheriff’s Department and ICE. It concludes with 20 questions that ought to inform any discussion going forward about immigration policy in the sixth most populous county in the nation.