Results

Statement for the Record by the ACLU, IDP, IJN, ILRC, NIJC and NIP on the Senate Judiciary Committee Subcommittee on Border Security and Immigration for the May 23, 2018 Hearing Titled "TVPRA and Exploited Loopholes Affecting Unaccompanied Alien Children": In this statement for the record, the ILRC, along with our partners discuss the dehumanizing and cruel responses by the Trump Administration and immigration hardliners to children seeking safety in the United States.

In October 2017, the Department of Defense issued new policies that impact lawful permanent residents and other non-U.S. citizens in the military. This practice advisory discusses how these policies affect those who seek to enlist, and those who currently serve in the military, including in the Reserve Components. This practice advisory was jointly authored by the Immigrant Legal Resource Center, the National Immigration Forum, and the New Americans Campaign.

This advisory provides an introduction to the Affidavit of Support including various ways to meet the financial requirements, different types of sponsors who may submit Affidavits of Support, who is considered a “household member” for purposes of the Affidavit of Support, and exemptions to the Affidavit of Support.

Since 1986, the Continuing Education of the Bar, in its “Crim Law Bible,” California Criminal Law Procedure and Practice, has included a chapter about representing the noncitizen criminal defendant. This chapter and the advice therein is often cited as establishing the prevailing professional norms at the date of any given conviction.

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.

Resources to understand Dimaya v. Sessions, a decision by the Supreme Court to invalidate part of the immigration law on constitutional grounds.

287(g) is a program for allowing state and local agencies to act as immigration enforcement agents. Under 287(g), ICE forms an agreement with a state or local agency - most often a county sheriff that runs a local jail - and this agreement delegates specific immigration enforcement authority to designated officers within the local agency. These agreements are also known as “287(g) contracts” or “MOAs” (Memorandum of Agreement). The program gets its name from section 287(g) of the Immigration and Nationality Act.

The final step in the naturalization process is the oath of allegiance to the United States. The oath demonstrates loyalty to the United States and the Constitution. All applicants must demonstrate that they are “attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States.” The oath also includes statements that the applicant is willing to “bear arms on behalf of the United States,” and “perform noncombatant service in the Armed Forces” when required by law.

This resource contains a chart comparing various federal legislative proposals attacking sanctuary jurisdictions.

SB 674 is a new California law that took effect on January 1, 2016. The goal of this law is to ensure that all immigrant crime victims in California have equal access to immigration status through the U visa.

Noncitizens with certain criminal records are subject to mandatory immigration detention under INA § 236(c), 8 USC § 1226(c). This means that they may remain detained during the weeks, months, or years of their entire immigration case, without even the right to a bond hearing. Recent Supreme Court decisions in Jennings v. Rodriguez and Nielsen v. Preap have made the situation even worse, although litigation has produced some protections. This advisory outlines how to identify whether your client may be subject to mandatory detention, and what immigration advocates and criminal defense counsel can do to help their clients to avoid it.

Upon the January 1, 2017 enactment of Penal Code 1473.7, the LA District Attorney took the position that the motions were not ripe unless a final removal order or notice to appear had issued. Thanks to advocacy of organizations and individuals, especially Harland Braun, on April 17, 2018, the LA District Attorney Office changed their policy noting that “the Office is persuaded that the Legislature intended section 1473.7 to apply regardless of whether the moving party has received notice of removal proceedings or a removal order.”

This practice advisory discusses how the Child Status Protection Act protects children of asylees and refugees through the immigration process, including the asylum application, the Form I-730, and adjustment.

Immigration Center for Women and Children (ICWC) administers a database of information sourced from more than 700 advocates nationwide with helpful information about law enforcement agencies who certify victim helpfulness for U cases and consulates abroad who issue U visas. The database includes information on who the U certifying officers are and where to send the requests, as well as the most updated policies and practices, nationwide. The goal is to update information on every state and federal agency, whether they do or don’t sign certifications. The database also includes information about consulates’ and embassies’ practices in processing U visa cases. These are both critical resources to any organization or office with a U visa caseload.For more information on these and other U-related databases that ICWC administers, go to http://icwclaw.org/services-available/icwc-u-travel-and-certifier-database/. If you’re new to using Zoho databases (the platform for ICWC’s databases), watch the helpful video below.

This report details findings from a national survey of legal practitioners concerning the increased use of gang allegations against young immigrants as a means of driving up deportation numbers, at the encouragement of the Trump administration. The report suggests emerging best practices for immigration attorneys to employ in both fighting against unfounded gang allegations and working to mitigate the impact of prior gang involvement.

This statement from a coalition of immigrant rights organizations urges members of Congress to vote no on the FIRST STEP Act of 2018 (H.R. 5682). This bill excludes a wide swatch of immigrants, further criminalizes aspects of migration, and fails to address root systemic causes of incarceration nor advance any meaningful criminal justice reform.

(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.

Cancellation of removal for Non–Permanent Residents under INA § 240A(b)(1) is a critical defense to deportation available to certain non-citizens with family in the United States. A person who is granted non-LPR cancellation of removal receives a green card, but the eligibility requirements for non-LPR cancellation are distinct from other means of applying for a green card, and also from other types of cancellation of removal. It is important for immigration practitioners to be familiar with non-LPR cancellation, as it may be the only form of immigration relief available for many people in removal proceedings who entered the United States without inspection. This practice advisory will walk through the basic requirements to help practitioners screen for cancellation eligibility.