IMMIGRANT LEGAL RESOURCE CENTER

The advisory provides information and updates on various parole programs including Uniting for Ukraine, Operation Allies Welcome, CHNV Parole, Family Reunification Parole, CAM Parole, and Parole in Place.

Since November 9, 2016, the definition of cannabis under California law is different and broader than the federal definition. Therefore, a California conviction for cannabis from on or after that date is arguably not a controlled substance conviction under federal immigration law. No court has yet made a finding on this issue for California offenses, but they have done so in other states with similar cannabis definitions. This template brief can be used to file a Motion to Terminate Proceedings or to file an Opposition to a Motion to Pretermit Proceedings (where the client is applying for adjustment of status or for cancellation of removal) to argue that any California cannabis conviction entered on or after November 9, 2016, is not a federal controlled substance offense.

Update as of September 11, 2024: In June 2024, the Biden administration announced a new Parole in Place (PIP) process for undocumented spouses and stepchildren of U.S. citizens. The goal of this process is to allow eligible applicants to adjust their status (get a green card) without having to the leave the United States and risk being separated from their families. The process went into effect on August 19, 2024, and U.S. Citizenship and Immigration Services (USCIS) started approving applications right away. However, on August 23, 2024, the state of Texas along with 15 other states filed a lawsuit to stop the process.  On August 26, 2024, a federal court in Texas ordered USCIS to stop approving applications while the Court decides several issues in the case.

Prop 47 (2014) reclassified six felony offenses to misdemeanors, including shoplifting and simple drug possession, and funneled costs savings into safety measures like drug and mental health treatment and victim services centers. Proposed Prop 36 (November 2024) would roll back those reforms and add new criminal penalties and sentencing enhancements. Prop 36 will also impose severe immigration consequences on immigrants and their families. It will result in more Californians being deported and more families being separated. This resource provides some of the specific examples of the ways in which Proposition 36 will harm immigrants if passed.

Texas' SB 4 - 88(4) is not only unconstitutional and illegal, it is bad law. Currently, this law is being challenged in federal court and it has not been allowed to go into effect because of these constitutional concerns while the litigation is pending. This memo breaks down the legal arguments against it and the impact the policy has had on the community.

ILRC comments on Texas House Committee on Homeland Security and Public Safety Testimony on SB 602.