Results

Practice Advisory
Resources

USCIS Fee Increases Enjoined September 29, 2020 – USCIS’s Fee Rule Not in Effect
Publication Date
10/09/2020
USCIS attempted to drastically limit fee waiver availability and fee waiver standards through the 2020 fee rule. The agency also tried to limit fee waivers by changing the I-912 fee waiver form. For now, these attempted changes have been stopped by injunctions. Applicants can continue to apply for fee waivers based on the 2011 fee waiver guidance.
Resources
Resources

ILRC v. McFarland (SB 29, Dignity not Detention)

Publication Date
10/09/2020
SB 29, the Dignity Not Detention Act, codified at Cal. Civ. Code § 1670.9, was authored by Senator Lara, co-sponsored by the ILRC and Freedom for Immigrants, and passed in partnership with the California Dignity not Detention Coalition.  Among other things, SB 29 was passed to ensure that the community would have a voice on an issue which so critically impacts them; immigration detention.  Prior to the approval of any permit for any immigration detention center, SB 29 requires that the public be provided with 180 days notice and two public hearings where public testimony is taken and heard. The ILRC and Freedom for Immigrants, in partnership with local community groups, have sued the City of McFarland and GEO whom we believe approved permits to convert two CDCR facilities into immigration jails in violation of SB 29. Litigation is ongoing. Select documents relevant to this suit are provided below.
Resources
Resources

GEO v. Newsom (AB 32, People not Profit)

Publication Date
10/09/2020
AB 32, codified at Cal. Pen. Code §§ 5003.1, 9500 et. seq., was authored by Assembly member Bonta and passed in partnership with the California Dignity Not Detention Coalition. AB 32 stops the use of for-profit prisons by the California Department of Corrections and Rehabilitation. The las also bans the operation of private detention facilities in both the civil and criminal context, aside from specific exemptions. The GEO Group and the Federal government have sued the state of California, alleging the law to be an unconstitutional attempt to regulate immigration enforcement, and requesting a preliminary injunction to stop the law from going into effect. In October 2020, Judge Sammartino largely denied this request, largely finding the law constitutional. The ILRC, along with Human Rights Watch, and Freedom for Immigrants, submitted an amicus brief in this case. Litigation is ongoing. Select documents relevant to this suit are provided below.  

"Lizbeth is an immigration attorney. She’s also undocumented. When a client takes sanctuary in a church, Lizbeth’s own experience guides their fight." 

The Immigrant Legal Resource Center was pleased to partner with Lizbeth Mateo and Optimist Films for a week-long preview screening of their documentary, "The Undocumented Lawyer."  On October 2, 2020, the event culminated with the ILRC hosting Mateo, the ILRC's Founder and General Counsel, Professor Bill Ong Hing and former ILRC attorney, Aidin Castillo for a live discussion of the film's themes and central message of resilience.  A recording of the discussion is available here.

FAQs & Explainers
Resources

How Can Advocates Ensure that the DJJ Closure Protects Immigrant Youth?
Publication Date
10/13/2020
California is in the midst of an historic reform of its youth prisons, known as the Division of Juvenile Justice (DJJ). Failed DJJ facilities will close, creating an opportunity for youth to be cared for close to home through community-based programs and services. This short resource describes steps that community-based advocates must take to ensure that the closure addresses the needs of ALL impacted communities, including immigrant youth. 

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About the Higher Education Technical Assistance Project:

Logo features butterfly between scales

We’re thrilled to partner with the California Community Colleges & California State University systems to support immigrant students at participating higher education institutions throughout the state. 

The program, called the Higher Education Technical Assistance Project (HETAP), is a resource-sharing collaborative designed to supplement its sister program, the Higher Education Legal Services Project (HELSP), a statewide effort to offer zero-cost immigration legal services to CSU & CCC students by trusted nonprofit legal organizations.  

Attending a higher education institution can already be challenging on multiple levels. Navigating academics, juggling competing financial pressures, and maintaining competitive grades is enough to take on without blending in issues that arise from one’s immigration status. As schools continue building long-term infrastructure that includes dedicated resource centers and support spaces for immigrant students, the ILRC’s focus will be to expand community tools and guides used by students and their families to demystify complex immigration legal issues.  

We are proud to help grow the knowledge base for on-campus legal advocates and students seeking to navigate their own immigration journey. The ILRC is also grateful to work with committed partners in both school systems in the fight to empower and educate those with immigration needs.

 

Did you know?

 

Students enrolled in either a California State University or a California Community College campus are eligible for free immigration legal support. This includes no-cost, confidential case support and even help with covering filing fees for DACA renewals and naturalization! Select the option that best describes you below:

 
 

How it works:

 

 

 

HETAP Partners: 

Toolkit & Reports
Resources

Denying the Right to Vote: Politicization of the Naturalization Process as a Novel Form of Voter Suppression
Publication Date
10/15/2020
This report provides a summary analysis of the ways that federal officials have consciously sought to politicize the naturalization process during the 2020 election year in what appears to be a novel form of voter suppression. The report also examines the potential impact of this novel form of voter suppression in closely watched states in the upcoming presidential election, and details immediate steps that federal officials can take to mitigate these harms, allowing tens of thousands of additional U.S. residents to become citizens in time to obtain the right to vote.
FAQs & Explainers
Resources

DACA Workers’ Rights Guide

Publication Date
10/16/2020
On July 28, 2020 the Department of Homeland Security (DHS) issued a new memorandum that severely limited the DACA program. This announcement has left immigrant youth and allies working tirelessly to inform the community of the new changes and the rights DACA recipients have. This DACA workers' guide, prepared in partnership United We Dream and Texas AFL-CIO, is meant to answer some of the most common questions regarding DACA recipients and their rights in the workplace.
Practice Advisory
Resources

The Asylum Transit Ban after CAIR Coalition v. Trump: Obtaining Relief in Asylum Transit Ban Cases
Publication Date
10/20/2020
On June 30, 2020, the Third Country Asylum Rule, or asylum transit ban, was found unlawful and struck down nationwide in CAIR Coalition v. Trump. This advisory discusses the asylum transit ban, the CAIR Coalition decision, and possible strategies for people who have been denied under the ban to reopen their cases and receive asylum.
FAQs & Explainers
Resources

Advance Parole for DACA Recipients
Publication Date
10/30/2020
Despite many changes to the DACA program, DACA recipients are currently allowed to travel abroad if they are approved for Advance Parole. This resource provides an overview of the requirements, tips, and considerations for traveling abroad under Advance Parole as a DACA recipient.
FAQs & Explainers
Resources

6 Tips for Public Defenders

Publication Date
11/04/2020
Noncitizens participating in demonstrations or protests can risk arrest and can face certain convictions that could bar some forms of immigration relief or increase the risk of deportability. For this, and other reasons, noncitizen clients with protest-related charges are at a heightened risk of facing immigration consequences. Defense counsel can help protect immigrants from these consequences by negotiating dispositions to alternative charges that avoid or mitigate the immigration consequences.
FAQs & Explainers
Resources

Tips for Public Defenders to Defend Immigrant Communities

Publication Date
11/04/2020
As many people consider exercising their right to protest, it’s important to note the unique harm certain convictions can cause for noncitizen protestors. Immigration consequences are highly specific and can typically only be determined by a thorough, case-by-case analysis. Nevertheless, this resource provides  key red flags and suggestions for California defenders representing noncitizen protestors.
Public Comments / Sign-on Letters
Resources

ILRC Files Comment on Proposed EOIR Limited Representation Rule
Publication Date
11/05/2020
On October 30, 2020, ILRC filed a comment opposing an EOIR proposed rule that would have a substantial negative impact on legal orientation programs operated by non-profit immigration legal services programs.
FAQs & Explainers
Resources

Summary of Temporary Visa and Country Related Travel Bans
Publication Date
11/09/2020
President Trump has imposed travel restrictions blocking the entry of certain immigrants who are outside the United States and trying to enter. These restrictions last through December 31, 2020. The travel restrictions apply based on type of visa and/or the country where the traveler resides or has spent time in immediately prior to their attempted entry to the United States. The restrictions do not apply to U.S. citizens or lawful permanent residents (green card holders). This brief guide outlines which visas and countries are covered by the restrictions.
FAQs & Explainers
Resources

Explaining Gonzalez v. ICE: A Guide for Advocates in Texas (November 2020)
Publication Date
11/10/2020
This resource includes an update regarding the ongoing Gonzalez v. ICE federal litigation. On September 11, 2020, the Ninth Circuit issued a decision which includes some important changes to the February 2020 Central District of California federal court order. We have included an update on the first page which discusses what has changed, followed by information from our April 2020 resource. Please note that some of the information in our April 2020 resource related to the previous district court order is no longer applicable.

To join our community efforts this #GivingTuesday

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We fight for our families, we fight for our communities, we fight for immigrant rights because in a climate of misinformation & hate, we need all the world's helpers to band together.

This past year, we've seen communties come together to collectively identify solutions to protect and meet the needs of the most vulnerable. 

That is why this Giving Tuesday, we're looking to fundraise in community to suppor the work the ILRC leads in fighting to protect the rights of all immigrants. 

See what ILRC staff and supports fight for immigrant riths and share your story using #WhyIFight

Practice Advisory
Resources

Risks of Filing Affirmative T Visa Applications Under the Current NTA Memo
Publication Date
11/19/2020
T nonimmigrant status (often called a “T visa”) is a form of immigration relief for survivors of human trafficking that provides four years of lawful immigration status, employment authorization, access to certain public benefits, and the opportunity to apply for lawful permanent residency. However, the current U.S. Citizenship and Immigration Services (USCIS) policy on Notices to Appear (NTA), which has been in effect since 2018, has drastically increased the risks of applying for T nonimmigrant status. Although T visas remain a vital pathway to lawful status for trafficking survivors, there are various considerations that trafficking survivors and their advocates should keep in mind when deciding whether to submit affirmative T visa applications. Although USCIS issued its NTA Memo in June 2018, it was not officially implemented against T visa applicants until November 2018, and practitioners did not begin reporting many denials and NTAs issued until 2019. Now that advocates have experienced the NTA Memo’s implementation, this advisory reviews the policy’s impact on noncitizens applying for T nonimmigrant status as survivors of a severe form of human trafficking, with practice tips interspersed throughout.
Practice Advisory
Resources

California Sentences and Immigration
Publication Date
11/20/2020
In some cases, the amount of an imposed, potential, or served criminal sentence can determine the outcome of the immigration case. The law governing how state sentencing dispositions affect immigration penalties is fast-changing. The good news is that an informed defender often can structure a sentence that gives the prosecution what they require, while avoiding immigration penalties. An informed immigration advocate wants to be able to explain this to an immigration judge or adjudicator to win the case.
Practice Advisory
Resources

Guidance and Reflections on Providing Remote Legal Services to Immigrant Survivors of Domestic Violence
Publication Date
12/02/2020
The COVID-19 pandemic has created a myriad of challenges for immigration legal service providers. While some research and best practices for providing remote legal services have been developed, serving immigrant survivors of domestic violence requires a unique set of considerations. This advisory describes the findings of a small study exploring how service delivery models have been adapted for this vulnerable population during the pandemic. The advisory outlines the concerns, strategies, and lessons learned from the field in order to continue to serve immigrant survivors throughout the pandemic and beyond.  
Toolkit & Reports
Resources

Local Policy Interventions for Protecting Immigrants
Publication Date
12/14/2020
Local elected officials have significant power to enact policies that protect their immigrant residents. From ordinances limiting involvement with ICE to decriminalization to terminating detention contracts, this toolkit for organizers and policy makers chronicles and explains the importance of different reforms.  Rather than provide a one-size-fits-all model ordinance, we have selected some of the best language from policies enacted by cities, counties, and states, and organized those policy ideas into different issue areas to help people prioritize according to the needs of their community. We identify the key policy intervention and link to examples of where state and local governments have taken this on.