Resources
Publication Date
03/09/2022
This is an archived collection of comments the ILRC has submitted related to proposed regulations (“rules”) regarding public charge and the affidavit of support.
Resources
Publication Date
03/09/2022
A U visa is a type of immigration status for victims of certain crimes who have been helpful in the investigation or prosecution of that criminal activity. This one-page guide provides an overview on the U visa, what it provides, and who qualifies.
Resources
Publication Date
02/25/2022
California immigrants who file taxes may now receive cash from the California Earned Income Tax Credit (CalEITC). During COVID-19, immigrant families need support, and filing taxes may mean cash benefits for qualifying families. This community resource is designed to help answer the most common questions immigrant communities may have on the CalEITC. For more information on the CalEITC, visit CalEITC4Me.org.
Resources
Publication Date
02/25/2022
This toolkit is designed to assist education and outreach workers presenting public charge information to immigrant community members. Some of the materials in the toolkit have a California focus or include California-specific details, but all materials remain useful for a national audience. Our goal is to spread accurate information about what public charge is and who is impacted by it, to help reverse the chilling effect from the Trump public charge rule which is no longer in effect.
Resources
Publication Date
02/23/2022
Our ILRC Texas team continues to lead the charge opposing Governor Gregg Abbott's Operation Lone Star. This sign-on letter urges Union Pacific to end its involvement in the racist and unconstitutional “Operation Lone Star” scheme.
Resources
Publication Date
02/15/2022
"An Overview to Special Immigrant Juvenile Status," excerpted from ILRC’s new publication Special Immigrant Juvenile Status and Other Immigration Options for Children & Youth. (Excerpted from Special Immigrant Juvenile Status and Other Immigration Options for Children & Youth.)
Resources
Publication Date
02/14/2022
In recent years, California’s appellate courts have provided guidance on the state court’s role in Special Immigrant Juvenile Status (SIJS) cases. The following decisions clarify many of the common questions that these cases present in state courts, including one-parent SIJS, notice and service issues, and the role of the state court.
Resources
Publication Date
02/11/2022
This practice advisory contains numerous practical examples to assist in understanding how to recapture and retain priority dates in the family immigration context. It includes discussions and examples of how this concept intersects with other provisions of law, such as the Child Status Protection Act (CSPA), and adjustment of status under § 245(i) of the Immigration and Nationality Act (INA). A brief discussion and summary of the utilization of cross-chargeability of priority dates is also included.
Resources
Publication Date
01/25/2022
On January 25, 2022, the ILRC submitted comments in response to the DHS Notice Requesting Comments on “Identifying Recommendations To Support the Work of the Interagency Task Force on the Reunification of Families.” Our comments urge the U.S. government to stop criminal prosecutions for migration, admit wrongdoing and compensate the victims of family separation under the Trump Administration, curb enforcement and detention in the absence of meaningful opportunities for people to gain immigration status, rescind harmful border policies and practices, and expand the interpretation of family unity to ensure that children are not separated from both parental and non-parental caregivers.
Resources
Publication Date
01/24/2022
This page offers resources on “crim/imm,” the law governing the intersection of immigration and crimes, especially as it applies to California law.
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.
Resources
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.
Resources
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!
Resources
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.
Resources
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
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).
Resources
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.
Resources
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.
Resources
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.
Resources
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.
Resources
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.
Resources
Publication Date
10/22/2021