Resources
Publication Date
01/24/2022
What are ICE detainers, how do they affect a criminal case, and how can counsel get rid of them? This advisory walks through all the legal and practices issues around ICE detainers, including the role of ICE in issuing them and the role of local or state jailors in responding. We discuss the importance of incorporating ICE detainers into pre-trial strategy, the legal and constitutional issues implicated by ICE detainers, and the various ways to challenge or rescind a detainer. This advisory is national; it identifies various different state laws affecting ICE detainers.
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Publication Date
01/19/2022
This practice advisory discusses the changes to eligibility for derivative T nonimmigrant status for after-acquired spouses in the wake of the ruling in Medina Tovar v. Zuchowski.
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Publication Date
12/21/2021
In this issue: The Fight for a Permanent Inclusive Legislative Solution, ILRC Field Office Run Down, #FindYourAlly college outreach digital content, and much more!
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Publication Date
12/21/2021
On December 21, 2021, the ILRC submitted comments raising concerns on the form that ICE plans to utilize to allow the public to submit tips on suspicious or criminal activity. ILRC raised concerns with ICE’s use of this form given the high likelihood that information submitted will be unreliable or outright false, which has the potential to significantly harm immigrant communities. Particularly at risk are communities that have been historically targeted for hate crimes and targeted by ICE for discriminatory purposes as well as domestic violence survivors and immigrant communities already vulnerable to exploitation. The comment urges ICE to discontinue the use of this form.
Resources
Publication Date
12/17/2021
This practice advisory provides an overview of TPS and focuses on a framework for analysis for the firm resettlement bar to eligibility. It also discusses the impact of dual nationality on TPS applicants.
Resources
Publication Date
12/16/2021
In certain immigration cases, you may want to submit a Freedom of Information Act (FOIA) request to the U.S. Department of State (DOS), such as to try to find information about previous visa applications and passport records. This Practice Advisory will go over the DOS FOIA process in detail and provide practice tips for obtaining personal records from them, including best practices.
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Publication Date
12/16/2021
Throughout the Trump Administration, the federal government has sought to undermine sanctuary policies by requiring that cities help ICE with immigration enforcement in order to receive certain federal grants from the DOJ. These policies have spurred a dozen lawsuits, almost all of which have ruled in favor of the cities challenging DOJ’s conditions. In 2021, the Biden administration removed all current and prior immigration conditions on federal grants. This advisory explains more about the grant programs affected, the litigation, and what localities should know and do in the current environment.
Resources
Publication Date
12/14/2021
A FOIA request can be an invaluable tool in immigration law to help an immigrant and their representative gain a complete understanding of one’s immigration history. This guide details how to complete a FOIA request for USCIS, ICE, OBIM, and CBP. It provides step-by-step instructions on how to complete Form G-639 and also includes tips about alternatives to Form G-639, such as online submission options.
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Publication Date
12/14/2021
This Chart summarizes the criminal record bars to many forms of relief, to provide a quick way to check whether your client is potentially eligible for relief. See also ILRC, Immigration Relief Toolkit (2018).
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Publication Date
12/09/2021
Black people and other communities of color, including immigrants, have faced decades of overpolicing, criminalization, and incarceration in Texas, often for alleged conduct that does not mandate an arrest or even carry jail time in the state. One way to effectively reduce arrests is to pass a local cite and release policy. This advocacy toolkit gives local organizers and advocates in Texas the tools they need to lead a successful cite and release campaign. We have included many helpful resources, samples, and insights for every step in a cite & release campaign – from initial education, research, and data collection through policy implementation.
Resources
Publication Date
12/03/2021
On June 14, 2021, USCIS announced a new “bona fide determination” process whereby certain U petitioners and their family members with pending U petitions can receive four-year work authorization and deferred action while they wait for full adjudication. This process could be very good for many of the 270,000 folks who have filed for a U visa and are waiting – but there are many folks left out, and of course, much of this depends on how the process is implemented. ILRC and ASISTA wrote this advisory to provide updated information on the new process and discuss eligibility, decisions and renewals, and other issues.
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Publication Date
12/01/2021
DHS issued new enforcement and prosecutorial discretion guidance on September 30, 2021. This practice advisory from the ILRC, NIPNLG, and IDP provides criminal defense practitioners with an overview of the enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.
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Publication Date
11/18/2021
On November 18, 2021, the ILRC submitted comments making recommendations to USCIS regarding the agency’s proposed regulation on the Deferred Action for Childhood Arrivals (DACA) program. ILRC focused on recommendations that address the need for USCIS to create standards within this regulation to ensure equitable and consistent treatment for DACA applicants.
Resources
Publication Date
11/12/2021
On September 28, 2021, DHS issued a notice of proposed rulemaking for Deferred Action for Childhood Arrivals. The proposed rule seeks to codify DACA and while this presents real opportunities, there are serious problems with the rule in regard to the criminal bars to DACA, in particular the elimination of expungements for DACA purposes. See proposed rule here.
Resources
Publication Date
11/09/2021
On November 5, 2021, the ILRC participated in comments to USCIS with the Naturalization Working Group concerning proposed revisions to the N-648 form for Medical Certification for Disability Exception for naturalization applicants. The form revisions overall represent an improvement over prior versions by shortening the form and eliminating irrelevant questions. The comment also urges USCIS to withdraw 2018 – 2020 changes to volume 12 of the USCIS policy manual that continue to unnecessarily limit eligibility for disability waiver applicants.
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Publication Date
10/27/2021
The proposed DACA regulation presents serious problems and real opportunities. See the regulation at 86 Fed Reg 53736 (Sept. 28, 2021), https://www.govinfo.gov/content/pkg/FR-2021-09-28/pdf/2021-20898.pdf.
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Publication Date
10/27/2021
The ILRC, along with 96 international and national organizations, urge the Department of Homeland Security (DHS) to halt the use of denaturalization, a racialized and criminalizing tactic to determine who belongs in the United States.
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Publication Date
10/22/2021
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Publication Date
10/19/2021
On October 19, 2021, the ILRC submitted comments raising concerns about USCIS’ proposed regulation changing the procedures for credible fear screenings and asylum. While the proposed regulation contains some provisions that would improve the current system, it also poses a significant risk to asylum seekers’ right to a full, fair and consistent hearing of their claims.
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Publication Date
10/14/2021
The ILRC submitted comments to the U.S. Department of State (DOS) on October 14, 2021. DOS had solicited public input on recommendations for changes needed at the agency in a federal register notice on September 16, 2021.
Resources
Publication Date
10/12/2021
This sample ICE detainer is annotated to highlight what advocates should look for, and explains some of the legal problems with detainers.
Resources
Publication Date
10/12/2021
A quick digest of the new DHS immigration enforcement priorities released in September 2021.
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Publication Date
10/05/2021
AB 32 (People Not Profit) signed in 2019 and effective January 2020, outlaws criminal and civil private incarceration in California, with some exceptions. Some brief months after AB 32 was signed, private prison company GEO Group Inc. and the Trump administration sued California aiming to strike down this momentous law. Federal District Court Judge Sammartino largely upheld AB 32, afterwhich GEO and the Biden administration appealed to the Ninth Circuit.
Resources
Publication Date
10/05/2021
With a few exceptions, immigration authorities must use the “categorical approach” to determine whether a criminal conviction triggers a ground of removal. Expert use of the categorical approach may be the most important defense strategy available to immigrants charged with or convicted of crimes. This Update of our long-running article includes discussion of Pereida v. Wilkinson, 141 S.Ct. 754 (2021).
Resources
Publication Date
10/01/2021
On September 28, 2021, the Department of Homeland Security published a proposed federal regulation announcing its intent to codify Deferred Action for Childhood Arrivals (DACA).