Results

In this issue: Post-DACA Legislation Proposals; The ILRC Covers Ground in D.C.; Legislative Victories: A Cause for Cautious Celebration; The Wall: A Symbol of Inhumanity; The ILRC Helps Support Santa Clara County Immigrant Outreach Day; and much more!

In 2014, the Immigrant Legal Resource Center (ILRC) celebrated its 35th anniversary. Together with the immigrant community and its partners, ILRC is battling the unjust immigration policies that further marginalize those who are often overlooked. Our efforts resonate with a deep commitment to help keep families together.

This resource for child welfare social workers provides updates on immigration policy affecting children and families, discusses how immigration enforcement impacts the child welfare system, describes protections that exist to help keep immigrant families intact, and provides resources for social workers to support and work more effectively with immigrant families.

This is a comprehensive (but not exhaustive) list of important laws passed in California in 2017 pertaining to immigrants, spanning the areas of education, housing, employment and worker's rights, healthcare, criminal justice/law enforcement, immigration detention, and gang databases.

It is important to maintain valid immigration documents.  Unfortunately, when unexpected natural disasters such as fires, floods, or earthquakes occur, documents may be destroyed or lost.  This can leave you unprotected and vulnerable without a way to travel, verify authorization to work, prove U.S. citizenship, identify yourself, or check on pending applications. Below is information on the process to request replacement documents, what evidence you will need to file, and the associated filing fees.

A conviction of a crime involving moral turpitude (CIMT) may or may not hurt an immigrant, depending on a number of factors set out in the Immigration and Nationality Act:  the number of CIMT convictions, the potential and actual sentence, when the person committed or was convicted of the offense, and the person’s immigration situation. A single CIMT conviction might cause no damage, or it might cause a variety of penalties ranging from deportability to ineligibility for relief to mandatory detention.

This practice advisory is designed to introduce practitioners to the concept of Conditional Permanent Residence, and to explain the requirements and processes  for removing the conditions on residence,  thereby enabling the conditional resident to obtain Lawful Permanent Residence that can last indefinitely.

As of January 1, 2018, California has changed its “Deferred Entry of Judgment” program to a true “pretrial diversion” program. See Penal Code § 1000, amended by AB 208. Qualifying defendants charged with minor drug offenses can participate in pretrial diversion without incurring a drug conviction for immigration purposes. This Advisory will discuss how pretrial diversion works, and how to assist immigrants who went through the old Deferred Entry of Judgment.

USCIS recently updated the Form I-485, Application to Adjust Status.  Among other notable changes, the new form has increased in length from six pages to 18 pages, the form instructions are now 42 pages, and the section on eligibility and inadmissibility has been expanded to include entirely new questions about working without authorization, false claims to U.S. citizenship, and unlawful voting.  This advisory provides an overview of changes to the Form I-485, and discusses a few new or changed questions that we think merit particular attention.  The changes we discuss apply to both the June 2017 and December 2017 revisions to the Form I-485.

On November 6, 2017, the Department of Homeland Security (DHS) announced changes to the Temporary Protected Status (TPS) program that impact TPS holders from Honduras and Nicaragua. On December 15, 2017, DHS published notices in the Federal Register explaining how TPS holders from these two countries can re-register and re-apply for work permits, or Employment Authorization Documents (EAD).

This page provides several tools: an updated and a comprehensive Practice Advisory on the legal issues; a Practice Alert on the Policy Manualamendment; community flyers that you can download and use to help warn clients and community; and a sample written warning about working in the industry from the California Employment Development Department.

This toolkit provides advocates with the tools to effectively meet with local law enforcement regarding the California Values Act (SB 54) and enforcement policies generally. The toolkit includes the steps advocates should take prior to any law enforcement meeting, a sample agenda, sample questions, a FAQ section, and other tools.

On January 9, 2018, U.S. District Court for the Northern District of California issued an important ruling on the termination of the DACA program.  The court granted plaintiffs’ request for a preliminary injunction, putting the rescission of the DACA program on hold until a final determination is made in the case.  The court ordered USCIS to resume accepting DACA renewal applications.  This resource provides a legal summary of issues that were decided and what they mean moving forward.

On January 9, 2018, a federal court ruled that while a lawsuit decides whether the termination of DACA was unlawful, U.S. Citizenship and Immigration Services (USCIS) must continue to accept renewal applications.  This is guidance on who is eligible to apply at this time.  Please note, as the lawsuit moves forward, this advice may change.

This infographic outlines who is eligible to renew DACA, documents needed, and resources available. Please check back for translated versions.

On January 8, 2018, the Department of Homeland Security (DHS) announced that it terminated the Temporary Protected Status (TPS) designation for El Salvador. This TPS designation was supposed to expire on March 9, 2018.  DHS has extended TPS for El Salvador for a final 18-month period (until September 9, 2019) and has not indicated that they plan to extend or renew TPS for El Salvador past that date. On January 18, 2018, DHS published a notice in the Federal Register explaining how TPS holders from El Salvador can re-register and re-apply for work permits, or Employment Authorization Documents (EAD). This is a summary of what you can do now.

Sanctuary policies have continued to grow over the first year of the Trump administration.  This detailed report describes what sanctuary policies are and how they are enacted across the country, detailing the changes in 2017 and providing context to the public discourse about local policies related to immigration.

This is a summary of the California Criminal and Immigration Laws Passed over the last several years to mitigate the impact of deportations, immigration enforcement, and immigration detention.