Contact: media@ilrc.org
Resources
Publication Date
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).
Resources
Publication Date
10/05/2021
AB 32 (People Not Profit) signed in 2019 and effective January 2020, outlaws criminal and civil private incarceration in California, with some exceptions. Some brief months after AB 32 was signed, private prison company GEO Group Inc. and the Trump administration sued California aiming to strike down this momentous law. Federal District Court Judge Sammartino largely upheld AB 32, afterwhich GEO and the Biden administration appealed to the Ninth Circuit.
Resources
Publication Date
10/12/2021
A quick digest of the new DHS immigration enforcement priorities released in September 2021.
Resources
Publication Date
10/14/2021
The ILRC submitted comments to the U.S. Department of State (DOS) on October 14, 2021. DOS had solicited public input on recommendations for changes needed at the agency in a federal register notice on September 16, 2021.
Resources
Publication Date
10/05/2021
With a few exceptions, immigration authorities must use the “categorical approach” to determine whether a criminal conviction triggers a ground of removal. Expert use of the categorical approach may be the most important defense strategy available to immigrants charged with or convicted of crimes. This Update of our long-running article includes discussion of Pereida v. Wilkinson, 141 S.Ct. 754 (2021).
Resources
Publication Date
10/19/2021
On October 19, 2021, the ILRC submitted comments raising concerns about USCIS’ proposed regulation changing the procedures for credible fear screenings and asylum. While the proposed regulation contains some provisions that would improve the current system, it also poses a significant risk to asylum seekers’ right to a full, fair and consistent hearing of their claims.
Resources
Publication Date
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.
Resources
Publication Date
10/27/2021
The ILRC, along with 96 international and national organizations, urge the Department of Homeland Security (DHS) to halt the use of denaturalization, a racialized and criminalizing tactic to determine who belongs in the United States.
Resources
Publication Date
11/09/2021
On November 5, 2021, the ILRC participated in comments to USCIS with the Naturalization Working Group concerning proposed revisions to the N-648 form for Medical Certification for Disability Exception for naturalization applicants. The form revisions overall represent an improvement over prior versions by shortening the form and eliminating irrelevant questions. The comment also urges USCIS to withdraw 2018 – 2020 changes to volume 12 of the USCIS policy manual that continue to unnecessarily limit eligibility for disability waiver applicants.
(San Francisco, CA)—Committed advocate, father, and grandfather, Robert Vivar, was reunited with his family today in San Diego after 20 years of tirelessly fighting for himself and veterans to return to the U.S. During the time Mr. Vivar was deported and living in Mexico he worked with other deported veterans with their cases and has been an ally with immigrant communities and organizations to push the New Way Forward Act, a bill that would decriminalize immigration and address injustice and systemic racism in the U.S. immigration system.
(San Francisco, CA)—California has launched the Higher Education Legal Services Project, an unprecedented campaign to provide California Community College students with free immigration legal services and support, including immigration consultations, eligibility screenings, and case management. By making these services accessible and available for free, students affiliated with the state’s largest college system gain access to trusted legal support to avoid exorbitant legal fees and potential fraud.
Resources
Publication Date
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 elimination of expungements for DACA purposes. See proposed rule here.
Resources
Publication Date
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 ensure equitable and consistent treatment for DACA applicants.
(Washington)—This morning the House of Representatives passed the Build Back Better (BBB) Act: the next step is for the Senate to act on this legislation. Among BBB’s many provisions is language attempting to address the needs of our country’s immigrants. However, the Immigrant Legal Resource Center (ILRC) believes the watered-down immigration relief Democrats advanced in BBB does not meet the needs of immigrant communities who have bravely fought for decades for citizenship and a vision of immigrant justice that is inclusive. At its best, this so-called “Plan C” would grant temporary relief to some immigrants while millions of others are left out. At its worst, it would leave a detailed roadmap that future administrations could use to target vulnerable immigrant communities.
(Washington)—Immigration advocacy groups filed a Freedom of Information Act lawsuit Monday against U.S. Immigration and Customs Enforcement requesting ICE’s internal reports on enforcement activities and removals under the Biden-Harris administration’s interim enforcement priorities.
Resources
Publication Date
12/01/2021
DHS issued new enforcement and prosecutorial discretion guidance on September 30, 2021. This practice advisory from the ILRC, NIPNLG, and IDP provides criminal defense practitioners with an overview of the enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.
Resources
Practice Advisory for Immigration Advocates: The Biden Administration’s Final Enforcement Priorities
Publication Date
05/04/2022
DHS issued new enforcement and prosecutorial discretion guidance on September 30, 2021. This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.
(Washington) – In light of the recent reports that the Biden administration has reached an agreement with Mexico to not only re-implement, but expand, the Trump-era MPP policy also known as “Remain in Mexico,” the Immigrant Legal Resource Center (ILRC) issues the following statement:
Resources
Publication Date
12/09/2021
Black people and other communities of color, including immigrants, have faced decades of overpolicing, criminalization, and incarceration in Texas, often for alleged conduct that does not mandate an arrest or even carry jail time in the state. One way to effectively reduce arrests is to pass a local cite and release policy. This advocacy toolkit gives local organizers and advocates in Texas the tools they need to lead a successful cite and release campaign. We have included many helpful resources, samples, and insights for every step in a cite & release campaign – from initial education, research, and data collection through policy implementation.
Resources
Publication Date
12/14/2021
This Chart summarizes the criminal record bars to many forms of relief, to provide a quick way to check whether your client is potentially eligible for relief. See also ILRC, Immigration Relief Toolkit (2018).
(Austin, Texas)—Today, major national and Texas immigrant and civil rights organizations jointly filed a Title VI discrimination complaint with the U.S. Department of Justice regarding “Operation Lone Star,” with the support of over 100 organizations. Operation Lonestar is an unlawful, xenophobic, and racist program under which Texas law enforcement officers target migrants for arrest, jailing, and criminal prosecution for the state criminal offense of “trespassing.” Texas state agencies channel these arrested migrants into a shadow criminal legal system that violates fundamental constitutional rights.
(Washington)—The Biden-Harris administration and Congressional Democrats have continued to embrace failed tactics rather than pushing for and enacting bold changes to the immigration system. As a result, immigrant communities continue to live under draconian policies which have come to define our country’s immigration system.
Resources
Publication Date
12/17/2021
This practice advisory provides an overview of TPS and focuses on a framework for analysis for the firm resettlement bar to eligibility. It also discusses the impact of dual nationality on TPS applicants.
Resources
Publication Date
12/21/2021
In this issue: The Fight for a Permanent Inclusive Legislative Solution, ILRC Field Office Run Down, #FindYourAlly college outreach digital content, and much more!
Resources
Publication Date
12/21/2021
On December 21, 2021, the ILRC submitted comments raising concerns on the form that ICE plans to utilize to allow the public to submit tips on suspicious or criminal activity. ILRC raised concerns with ICE’s use of this form given the high likelihood that information submitted will be unreliable or outright false, which has the potential to significantly harm immigrant communities. Particularly at risk are communities that have been historically targeted for hate crimes and targeted by ICE for discriminatory purposes as well as domestic violence survivors and immigrant communities already vulnerable to exploitation. The comment urges ICE to discontinue the use of this form.
(Washington)--Immigration advocacy groups filed a Freedom of Information Act lawsuit Tuesday against U.S. Immigration and Customs Enforcement requesting ICE’s internal records on preapproval authorizations for enforcement actions against individuals who do not meet the criteria outlined in the Biden-Harris administration’s interim enforcement priorities.
Resources
Publication Date
01/19/2022
This practice advisory discusses the changes to eligibility for derivative T nonimmigrant status for after-acquired spouses in the wake of the ruling in Medina Tovar v. Zuchowski.
(WASHINGTON, D.C.)—U.S. Department of Homeland Security Secretary Alejandro Mayorkas yesterday betrayed the Biden administration’s commitments to disentangle local policing from the federal detention and deportation system and called on local law enforcement agencies to assist DHS in the enforcement of federal civil immigration law. His remarks oppose demands from communities around the country who have passed sanctuary laws and protections to avoid exactly such entanglement.