This FAQ explains questions of legal authority for local law enforcement agencies to be involved in immigration enforcement. Specifically, the document reviews recent court decisions and examines how the law is evolving in regard to ICE detainers, administrative immigration warrants, and other immigration enforcement mechanisms that local law enforcement may encounter. The FAQ clarifies that even if there is probable cause to believe that a person is unlawfully present, this is not a basis to arrest, because local law enforcement officers do not have authority to enforce civil immigration law.
SB 873 appropriates $3M to provide legal representation for Unaccompanied Minors in removal proceedings. The law also eliminates any ambiguity that California Superior Courts, including family courts, have jurisdiction to make the findings necessary for Special Immigrant Juvenile Status (“SIJS”). This fact sheet outlines how the law benefits Unaccompanied Minors, including practice tips for how advocates can leverage the law to improve practice in state court for SIJS petitions.
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 convicted of crimes.
Owing to a growing number of polices will limit ICE holds, and updates in case law, fewer people will be subject to mandatory detention, particularly in California. This handout provides an overview of mandatory detention law including how these updates may benefit your client.
This chart is a compilation of resources for advocates working with Unaccompanied Immigrant Children (“UAC”) and includes general resources for working with and representing the UAC population, immigration options for UACS, laws affecting UACs, overview of the immigration detention and deportation process for immigrant children, and legal know your rights for children.
On February 4, 2014 the United States Citizenship and Immigration Service (USCIS) introduced a new N-400 (Rev. 9/13/13), Application for Naturalization form that was updated in April and December 2016. All naturalization applicants must use the new form only. To help attorneys, BIA accredited representatives, and others learn how to complete this new form, we have developed a step-by-step guide.
New Advocacy Guide for ICE's massive Criminal Alien Program (CAP), from the National Immigrant Project, Washington Defenders Association, and the Immigrant Legal Resource Center.
This packet is designed to help advocates prepare naturalization fee waiver applications. The packet includes information from USCIS and ILRC on how to complete and review a fee waiver application to accompany naturalization applications, the adjudication standards for fee waiver applications, and a sample completed fee waiver form.
What are U Visas? U Nonimmigrant Visas were created by the Victims of Trafficking and Violence Prevention Act of 2000. Victims of qualifying criminal activities who have suffered substantial physical or mental abuse may apply for a U Visa if they are willing to assist law enforcement or other government officials in the investigation or prosecution of those crimes.