Results

This advisory describes how practitioners with clients whose DACA renewal is outside of processing time or whose biometrics appointment notice is delayed can elevate their cases for resolution with USCIS.

October 2017 report by the ILRC and Professor Tom K. Wong estimating the cost that ending DACA would have to the Social Security and Medicare trust funds over ten years. The report that concludes that the end of DACA will lead to $39.3 billion in losses to Social Security and Medicare contributions over ten years, half of which represents lost employee contributions and half employer contributions. Of these losses, $31.8 billion represents the decrease in Social Security contributions and $7.4 billion in Medicare contributions. This report represents an update of a previous report released by the ILRC in December of 2016.

Letter from 850+ national, state, and local non-profit organizations to President-elect Trump requesting that he continue Deferred Action for Childhood Arrivals (DACA) in light of the public safety, economic, and humanitarian benefits.

As a trusted institution in immigrant families’ lives, schools can play a critical role in ensuring immigrant families have access to important information and resources during these turbulent and scary times. This document contains tips on what schools can do to help.

Chart comparing the criminal and inadmissibility bars for the DREAM Act of 2017, Recognizing America's Children Act, SUCCEED Act, American Hope Act of 2017, BRIDGE Act, and DACA.

Criminal sentence can have a big impact on immigration status and eligibility for relief. In this Advisory, we discuss how immigration law treats different sentencing dispositions in general, and then apply that to California sentencing law. We talk about how advocates can use California law, including the newly amended Penal Code § 18.5, to help their clients.

The Trump Administration has announced the “phase-out” of DACA, and tens of thousands of DACA recipients must decide whether to apply for a last renewal.  Other DACA recipients are wondering what may happen to them if they can’t or don’t renew.  This is an especially worrisome situation for DACA recipients who have a criminal record. Acknowledging that we don’t yet have clear answers, this advisory will provide information to help advocates address the following questions with their clients: Is it “safe” for someone with a criminal history to renew their DACA application? What kinds of legal self-defense steps can people take, whether or not they apply to renew? What are the “dangerous crimes” that are bars to DACA and/or listed in the Notice to Appear Memorandum (NTA Memo)?

This practice advisory provides a summary of five bills introduced by Congress as of October 11, 2017 that would provide relief to recipients of the Deferred Action for Childhood Arrivals (DACA) program that was terminated by the Trump Administration. This advisory summarizes the eligibility requirements and consequences for each of the five bills: Dream Act; Bridge Act; RAC Act; American Hope Act; and the Succeed Act.

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.

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.

Immigration law has its own definition of what constitutes a criminal "conviction." Because most, although not all, immigration consequences require a conviction, if your client does not have a conviction the immigration case might be saved. This Advisory discusses which dispositions that come out of criminal court actually constitute a conviction for immigration purposes, and how to avoid a conviction. It has been updated to include the BIA's decision that a conviction on direct appeal of right does not have sufficient finality to be a conviction for immigration purposes.

This infographic provides a simple, visual representation of the current status of the DACA program.

Recent government announcements and court cases on DACA have created confusion around who can apply, when they can apply, and how they can apply for DACA.  To mitigate this confusion, here is an informational FAQ for your reference.

(Updated resource; originally posted 05/31/2018)

This infographic provides a simple, visual representation of who can apply for DACA now and how to get informed of changes and updates.

This introductory practice advisory explains 245(i), including “grandfathering” and “after acquired,” and includes screening questions to assist in identifying and evaluating possible 245(i) options for your clients. 

This advisory for criminal defense counsel outlines defense strategies to preserve a client’s possible eligibility for deferred action.

Every year, millions of people wait for Congress to advance a solution that would provide stability for undocumented persons and their families. The numbers left waiting and worrying without a pathway to citizenship, protection from deportation, or the ability to work under the Trump Administration has only increased with the limitations on the Deferred Action for Childhood Arrivals (DACA) program and the termination of Temporary Protected Status (TPS) for certain countries.

In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security.

In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security.

Outlines all of the benefits that come with obtaining DACA approval. Special thanks to our Spring 2013 law students, Andrew Briggs and Maria  Dominguez, for their efforts in helping to create this resource.

The purpose of this advisory is to provide service providers with an update on the status of the Deferred Action for Childhood Arrivals (DACA) program and how to counsel clients now. In it we include information on the current status of the DACA program, what to tell clients, factors to consider in deciding when and if to renew DACA, and ideas for what people should do now if they have never had DACA.

This advisory explains how some DACA recipients may be eligible to adjust their status to permanent residents after travellng outside the United States on advance parole. We explain what is required for advance parole, what is required for adjustment of status, and how those two are related for certain DACA recipients who entered the United States without inspection. Although the advisory is focused on DACA, most of the analysis will also apply to TPS holders.

This resource is a collection of one-page fact sheets on various forms of immigration relief meant to provide a brief overview of options that may exist for undocumented immigrant children. While geared towards children and youth, it may also be helpful as an introduction to some of the immigration options available to adults as well. This is not meant to be an exhaustive resource. We recommend consulting with an immigration expert before filing any applications for immigration relief.

This document describes how a person with DACA who travels outside the U.S. with Advance Parole may be able to apply for a green card in the U.S. based on an immediate relative visa petition.

This guide outlines steps DACA renewal applicants can take if their renewal is delayed.

This new resource provides step by step instructions on how to notify USCIS that your address has changed.  This is important so that receipt notices, reminders, and other documents are sent to the correct address.  (English and Spanish)

USCIS Form I-821D with annotations.