Resources
Publication Date
09/25/2017
Sobre la base de una reciente decisión del Noveno Circuito o viajando por Advance Parole, una persona que entró inicialmente sin inspección en los EEUU puede ajustar de estatus y solicitar la residencia permanente. Este aviso en español contiene información para personas con el estatus de protección temporal y para personas que viajaron con Advance Parole sobre cómo pueden ser elegibles para este proceso.
Resources
Publication Date
09/21/2017
This guide provides fundamental Know Your Rights information to immigrants in California’s criminal justice system. It provides a review of what immigrants should know once in criminal custody, as well as what to expect if they are transferred to immigration custody.
Resources
Publication Date
09/15/2017
This introductory guide to representing clients in bond hearings is divided into two sections. The first covers basic bond topics that advocates are likely to encounter when representing any client in a bond hearing. Section two includes a review of more advanced bond topics, including how to challenge mandatory and prolonged detention.
Resources
Publication Date
09/12/2017
The Trump Administration has announced the “phase-out” of DACA, and tens of thousands of DACA recipients must decide whether to apply for a last renewal. Other DACA recipients are wondering what may happen to them if they can’t or don’t renew. This is an especially worrisome situation for DACA recipients who have a criminal record. Acknowledging that we don’t yet have clear answers, this advisory will provide information to help advocates address the following questions with their clients: Is it “safe” for someone with a criminal history to renew their DACA application? What kinds of legal self-defense steps can people take, whether or not they apply to renew? What are the “dangerous crimes” that are bars to DACA and/or listed in the Notice to Appear Memorandum (NTA Memo)?
Resources
Publication Date
09/05/2017
In this issue: The ILRC Champions Sanctuary for Immigrants; AB 103 | Victory Halts California Immigration Detention Center Expansion; Coverage of the 2017 Phillip Burton Immigration and Civil Rights Awards; and the 2016 Annual Report
Resources
Publication Date
09/05/2017
The ILRC’s work is about far more than politics and immigration law. It is about keeping families and communities of all backgrounds where they rightfully belong–together. This compels the ILRC’s staff to remain focused on protecting the progress made in our field to date and to continue to call for greater protections for immigrants in our country. Read more on ILRC’s 2016 Annual Report.
Resources
Publication Date
08/30/2017
This practice advisory goes through all of the ways that an arrest or conviction for California driving under the influence (DUI) can affect an immigrant, and reviews possible changes to the law. It also will discuss reckless driving as an alternative to DUI.
Resources
Publication Date
08/22/2017
This resource explains key provisions that Texas cities and counties can enact in order to protect immigrants in light of SB 4.
Resources
Publication Date
08/22/2017
Criminal sentence can have a big impact on immigration status and eligibility for relief. In this Advisory, we discuss how immigration law treats different sentencing dispositions in general, and then apply that to California sentencing law. We talk about how advocates can use California law, including the newly amended Penal Code § 18.5, to help their clients.
Resources
Publication Date
08/18/2017
Chart comparing the criminal and inadmissibility bars for the DREAM Act of 2017, Recognizing America's Children Act, SUCCEED Act, American Hope Act of 2017, BRIDGE Act, and DACA.
Resources
Publication Date
08/18/2017
Cities, counties, commissioners, mayors, sheriffs, and other elected officials have all sued the state of Texas over its controversial anti-immigrant law, SB4. This backgrounder explains the primary claims of the lawsuits, who all the parties are, and what is happening with SB4.
Resources
Publication Date
08/10/2017
This practice advisory outlines some suggestions and resources for immigration advocates working with law enforcement agencies to obtain law enforcement certification for U Visa applicants. It also includes a summary of all state laws, as of July 2017, that have either passed or are pending regarding U Visa certification policies and protocols.
Resources
Publication Date
08/08/2017
Heidi Altman and Angie Junck authored this article for the Association of Prosecuting Attorneys.Originally published in Lex Quod Ordo, the Association of Prosecuting Attorneys Quarterly Newsletter, Winter/Spring 2014, Volume IV, Issue IV. http://www.apainc.org/
Resources
Publication Date
08/08/2017
The Judicial Council of California produces forms for pro se petitioners. The CR-180 and CR-181 forms cover various forms of “clean slate” remedies, including reducing felonies to misdemeanors (17(b)), set asides and dismissals (1203.4), and vacaturs after successful completion of probation (1203.43). The forms also contain a notation to 18.5 which makes clear that felonies reduced to misdemeanors carry a maximum of 364-day sentence.
Resources
Publication Date
08/08/2017
Prepared by Angie Junck and Raha Jorjani, this primer is designed to educate District Attorneys interested in learning more about the immigration impact of criminal convictions.
Resources
Publication Date
07/21/2017
This practice alert provides a summary of Flores v. Sessions, a recent Ninth Circuit decision that held that all detained children have the right to a bond hearing. It discusses why Flores v. Sessions was necessary, what its impact may be for detained youth, and details practice tips for advocates representing detained children seeking bond hearings.
Resources
Publication Date
07/19/2017
In May 2017, Attorney General Sessions issued a memo clarifying the interpretation of Trump's Executive Order to de-fund "sanctuary furisdictions." The Memo narrowly defines "sanctuary jurisdictions" and explains that the de-funding threat only applies to a few grant programs. This advisory explains what Sessions' Memo said, and how it affects communities that might be considered "sanctuary jurisdictions."
Resources
Publication Date
07/18/2017
Alien smuggling can affect an immigrant in several different ways: Alien smuggling is a ground of inadmissibility, a ground of deportability, a bar to good moral character, and a conviction for alien smuggling is an aggravated felony. Screening for alien smuggling is particularly important in light of Secretary of U.S. Department of Homeland Security John Kelly’s memoranda directing his agency to prioritize immigration enforcement against alien smugglers, and U.S. Attorney General Jefferson Sessions’ directive to federal prosecutors to prioritize prosecution of alien smuggling. This practice advisory will walk through what “alien smuggling” is, how it can affect an immigrant client in each of these contexts, and practice tips for when alien smuggling might come up in your client’s case.
Resources
Publication Date
07/13/2017
Letter from 300+ national, state, and local non-profit organizations to the U.S. Senate opposing Lee Francis Cissna's nomination for director of U.S. Citizenship and Immigration Services and asking senators to "hold" his nomination.
Resources
Publication Date
07/05/2017
This reference chart provides a quick comparison between the most common forms of relief for immigrant survivors of abuse: VAWA, U visas, T visas, Special Immigrant Juvenile Status, and Asylum.
Resources
Publication Date
06/30/2017
In May, the US Commission on Civil Rights convened a hearing on collateral consequences. The Commission solicited testimony from thought leaders about the lingering consequences that convictions can cause. Rose Cahn submitted testimony regarding the intersection of crimes and immigration law and laid out clear policy recommendations for jurisdictions interested in mitigating or eliminating the immigration consequences of criminal convictions.
Resources
Publication Date
06/27/2017
Letter from 400+ national, state, and local non-profit organizations opposing H.R. 3003, the No Sanctuary for Criminals Act, and H.R. 3004, Kate's Law.
Resources
Publication Date
06/26/2017
Please reference the below documents for examples of the Red Cards in action. Special thanks to CultureStrike for creating helpful illustrations!
Resources
Publication Date
06/21/2017
This document provides guidelines to prosecutor offices on considering the immigration consequences of criminal cases.