Results
Date Published: 05/04/2022
During the Trump administration, the public charge ground of inadmissibility received much attention. The Trump administration implemented new rules on public charge that increased scrutiny of applicants for green cards. The Trump-era rules are no longer in effect. This advisory, updated in May...
Date Published: 04/14/2022
Currently, individuals who have Deferred Action for Childhood Arrivals (DACA) can request and travel with Advance Parole. DACA recipients can request Advance Parole for humanitarian, employment, and education reasons. To qualify, DACA recipients will need to demonstrate that their need to travel...
Date Published: 02/09/2022
Level: Intermediate / Advanced Join us for a review of the criminal grounds that serve as bars to DACA, including how the agency has handled discretionary decisions involving criminal records and allegations. We will also discuss the proposed DACA regulations and who would be able to qualify under...
Date Published: 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...
Date Published: 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...
Date Published: 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 . Comments are due on November 29, 2021. Together we can work to improve these rules. We...
Date Published: 10/01/2021
On September 28, 2021, the Department of Homeland Security published a proposed federal regulation announcing its intent to codify Deferred Action for Childhood Arrivals (DACA). Our show of support needs to be strong because the stakes are high. The existing DACA policy remains under threat. If you...
Date Published: 06/18/2020
As attacks on immigrants continue and the DACA program remains in limbo, now more than ever, it is important that local elected officials take bold action to protect immigrants within their jurisdictions. This guide, co-authored by United We Dream, provides examples of local policies that help...
Date Published: 12/15/2021
Level: Intermediate This webinar will discuss FOIA requests in immigration cases and provide tips for filing FOIA requests with DHS, including USCIS, OBIM, ICE and CBP. Researching clients’ case histories may become particularly important if any of the proposed legalization bills are enacted.
Date Published: 10/20/2021
Level: Intermediate This webinar will provide updates and changes to the DACA policy, lessons learned from DACA, and how to create a long term strategy for the DACA recipients.
Date Published: 08/10/2021
This Webinar will offer an overview of the Texas v United States decision and what it means for current DACA recipients and DACA-eligible individuals. We will also provide considerations for practitioners as they advise community members about their legal options and possible next steps in finding...
Date Published: 07/16/2021
On July 16, 2021 , a Federal District Court in Texas issued a ruling i n Texas v. United States limiting the DACA policy and declaring it unlawful. More detailed information on this decision will be offered in the coming days but for now it is important to understand how today’s ruling impacts the...
Date Published: 07/15/2021
While the immigration field has long explored how to provide legal services to underserved communities, determining how to deliver high quality services remotely became a universal concern during the COVID-19 pandemic. Now, as organizations gradually return to in-person services, some are exploring...
Date Published: 06/24/2021
Children and youth compose a significant portion of the U.S. immigrant population and often qualify for various forms of immigration relief, many of which involve an application filing fee. Under the Trump administration, USCIS promulgated a final rule intended to dramatically raise fees for many...
Date Published: 06/18/2021
On January 1, 2021, multiple California criminal reform laws took effect. These laws were passed to help all defendants regardless of immigration status, but they can be of special help to noncitizens. Advocates should understand how these laws may help a client’s immigration case. They include: A...
Date Published: 05/27/2021
In this practice advisory co-drafted with Public Counsel, we answer common questions on how to tackle disclosure of juvenile adjudications and dissemination of court records for individuals interested in applying for DACA. It also includes a sample DACA request packet, which shows various ways to...
Date Published: 05/11/2021
Applicants must meet certain requirements to be eligible for DACA, including showing that they have been continuously residing in the United States since June 15, 2007. Acquiring documents to use as evidence to prove the continuous residence requirement can be tedious. As such, this resource...
Date Published: 05/05/2021
Persons are barred from receiving or renewing DACA if they have been convicted of a felony, a significant misdemeanor, three or more misdemeanors, or otherwise pose a threat to national security or public safety. DACA applicants who have been arrested or convicted of a crime may still be eligible,...
Date Published: 04/14/2021
This practice advisory reviews the general eligibility requirements for DACA, as well as issues advocates should look out for when determining eligibility. There has been a lot of interest from community members and advocates in the DACA program since the program was reinstated by a federal court...
Date Published: 04/05/2021
The fourth edition of DACA: The Essential Legal Guide is an updated, comprehensive, and practice-oriented overview of Deferred Action for Childhood Arrivals (DACA). This thorough and user-friendly manual consists of nine easy to read and understand chapters and appendices, covering the DACA...
Date Published: 03/24/2021
The ILRC’s DACA Team has put together a page-by-page form guide for anyone looking to apply for Deferred Action for Childhood Arrivals (DACA) as an initial request. This annotated community resource provides insights into many of the questions asked of recipients when completing the forms needed to...
Date Published: 09/09/2021
This updated practice advisory provides a comprehensive overview of advance parole, its requirements, and suggestions to successfully apply under the DACA program. We also cover some of the risks to consider before traveling outside the United States, including prior removal orders, common grounds...
Date Published: 03/19/2021
In 2020 and 2021, USCIS changed its interpretation of discretion in adjudication of immigration benefits in three separate releases of policy manual guidance. [i] These chapters add voluminous positive and negative discretionary factors that adjudicators are instructed to analyze in more than a...
Date Published: 03/12/2021
With USCIS now accepting requests for DACA from individuals who have never had DACA, it's VITAL that we understand how to put our best foot forward when compiling evidence documents and application forms. In this video Staff Attorney Veronica Garcia and Legal Outreach Coordinator Abraham Bedoy walk...
Date Published: 02/18/2021
Certain criminal convictions are bars to eligibility for DACA. However, if these convictions can be “expunged,” they will cease to be an absolute bar. Here, an “expungement” refers to any legal process where a criminal court can withdraw, erase, seal, or otherwise eliminate a conviction under a...
Date Published: 01/20/2021
DACA has undergone turbulent changes since it was announced in 2012. Terminated and reinstated numerous times since, these changes have shown the urgent need to pass a permanent and inclusive legislative solution that will provide a pathway to citizenship not only to DACA recipients but their...
Date Published: 04/15/2021
This webinar will provide updates to the DACA program, trends in adjudications, lessons learned, and how to create a long term strategy for recipients.
Date Published: 02/16/2021
This webinar will review recent changes to the DACA program, adjudication trends and the DACA process, and outline strategies for advocates and practitioners to best support DACA recipients and other young, undocumented immigrants.
Date Published: 12/23/2020
As new applicants begin to set their sights on initial DACA requests, there are several questions worth asking and steps worth taking to prepare productively. This guide is designed to walk community members through eligibility and process for submitting an initial application for deferred action...
Date Published: 12/22/2020
On November 14, 2020, a U.S. District Court found that the U.S. Department of Homeland Security (DHS) memorandum issued in July 2020 limiting the DACA program was invalid. This decision restored the DACA program to its original 2012 form and opened up the possibility for first-time applicants,...