Resources
Publication Date
06/29/2020
Penalties for crimes involving moral turpitude (CIMTs) are based on several factors, such as the number of CIMTs, date of commission, imposed and/or potential sentence, and whether there was a conviction versus admission of the conduct. The result is that determining whether a CIMT penalty actually applies can be quite complex. This set of four flow charts can be used to answer four questions about a case: is the particular person deportable; inadmissible or barred from establishing good moral character; barred from applying for non-LPR cancelation; or subject to mandatory detention, based on CIMTs?
Resources
Publication Date
06/29/2020
This Practice Advisory is a detailed follow-up to our prior Practice Alert on the Supreme Court's April 23, 2020 decision in Barton v. Barr, 140 S. Ct. 1442 (2020). In Barton, the Court held that committing an offense “listed in” the inadmissibility grounds at INA § 212(a)(2) triggers the "stop-time" rule for purposes of cancellation of removal eligibility, even for an admitted LPR who cannot be charged as removable under the inadmissibility grounds. This Advisory provides an in-depth discussion of the Barton decision, focusing on legal arguments to push back against overreaching DHS efforts seeking to trigger the stop-time rule, legal arguments and trial strategies to prevent conduct that did not result in conviction from triggering the stop-time rule, and considerations for criminal defense lawyers representing immigrants in criminal proceedings.
Resources
Publication Date
06/30/2020
The ILRC teamed up with community-based organizations Faith in the Valley and the Inland Coalition for Immigrant Justice, to file an amicus brief in support of California’s defense of SB 29 in GEO v. CA. SB 29, codified at Cal. Civ. Code § 1670.9 and co-sponsored by the ILRC and Freedom for Immigrants, was passed in order ensure that the community would have a voice on an issue which so critically impacts them; immigration detention. Our amicus details the importance of community engagement, as detailed in recent community battles to halt three new proposed immigration detention centers. Many thanks to Sidley Austin LLP for its generous support in the amicus.
Resources
Publication Date
06/30/2020
A Notice to Appear (NTA), Form I-862, is a charging document that the Department of Homeland Security (DHS) issues and files with the immigration court to start removal proceedings under section 240 of the Immigration and Nationality Act (INA) against an individual, known in removal proceedings as the “respondent.” The NTA serves many functions in an immigration case, like explaining why the government thinks the respondent maybe deportable and gives notice to the respondent. This practice advisory will go over some of the information you should find on the NTA. This is a general introduction on issues to look out for when representing someone in immigration court.
Resources
Publication Date
09/01/2020
On July 28, 2020, the U.S. Department of Homeland Security (DHS) released a memorandum instructing U.S. Citizenship and Immigration Services (USCIS) to: 1) reject all initial Deferred Action for Childhood Arrivals (DACA) requests from applicants who have not received DACA in the past; 2) reject all advance parole applications from DACA recipients except where there are “exceptional circumstances;” and 3) shorten the DACA renewal and work authorization period from two years to one year. This Memorandum was followed by USCIS additional guidance on August 21, 2020.
Resources
Publication Date
09/01/2020
While the U.S. Supreme Court’s decision on June 18, 2020 should have restored the Deferred Action for Childhood Arrivals (DACA) program in its entirety, a recent announcement by the Trump administration has once again thrown the program and DACA recipients into limbo. This resource goes over frequently asked questions to help orient the community of this new change with DACA program.
Resources
Publication Date
07/09/2020
This practice advisory discusses the confidentiality policies and practices currently in place protecting information submitted in Deferred Action for Childhood Arrivals (DACA) applications in light of the recent U.S. Supreme Court decision in Department of Homeland Security v. Regents of University of California that allowed the DACA program to remain open.
Here are some free wallpapers you can use to show your support for immigrant rights! Download them for Zoom and your phone, and share as you’d like!
For Zoom
To add a virtual background on a Zoom call once you’ve downloaded your wallpaper:
- When in a Zoom meeting, click on the small arrow next to “Video”
- Select “Adjust background & effects”
- Under the “Virtual backgrounds” tab, choose the “+” button and then “Add image” to open file selection.
- Choose the image you’d like to use and done! Enjoy the new look!
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For iPhone
- Find the wallpaper in your Photos app.
- Select the desired image, tap the share icon, and select "Use as Wallpaper"
- Once prompted by the wallpaper editor screen, tap "Add" on the top right side of the screen.
- In the pop-up that follows, select "Customize Home Screen" to edit the primary home screen wallpaper and tap "Blur" to disable automatic blurring.
- Select "Done" and voila! Enjoy the new look!
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Resources
Publication Date
07/10/2020
Before pushing for change at the city level, it is important to understand your city government’s structure, as well as the responsibilities and powers of elected and appointed city officials, such as the Mayor, City Council, Police Chief, City Attorney and City Manager. This resource is for Texas advocates and explains the differences between the two major forms of city government in Texas, the powers of important city officials, and how various forms of city government affect the roles of those officials.
Resources
Publication Date
07/10/2020
USCIS Naturalization processing was already delayed as long as 3-4 years in many jurisdictions before the pandemic and ensuing USCIS closures hit. Many thousands of applicants are waiting to complete the application process.
Resources
Publication Date
07/17/2020
This video details how to complete a DACA renewal application packet by walking through the various forms’ questions to highlight what they mean and focus on areas worth paying close attention to. As always, we highly encourage applicants to seek a consultation with a trusted legal service provider before submitting their packets. Namely this is so applicants can ensure they are submitting their information as accurately as possible and addressing the dimensions of their specific case that may or may not allow them to be eligible for other forms of immigration relief. In this one-hour walkthrough video, the ILRC’s Legal Outreach Coordinator, Abraham Bedoy, dives deep into each form required for a renewal so those taking on their own application packet (forms: I-821D, I-765, I-765WS, G-1145) can follow along to double-check their entries.
Resources
Publication Date
07/21/2020
For an immigrant survivor of crime to qualify for U nonimmigrant status, they must obtain and submit to USCIS a certification of their helpfulness to law enforcement. A law enforcement agency (LEA) or other certifier must complete Form I-918, Supplement B, “U Nonimmigrant Status Certification,” attesting to the survivor’s assistance. In July 2019, the Department of Homeland Security issued an updated guide explaining the U visa requirements and the U visa certification process and identifying best practices for certifying agencies and officials. The new guide is more anti-immigrant in tone than former guidance, but parts of it can still be a useful tool for immigrant advocates. This practice advisory describes the 2019 and previous guidance to certifiers on U visa certification, analyzes the changes in the recently issued guidance, and provides advocacy tips for practitioners involved in the U certification process who wish to utilize the guidance to encourage certifications.
George Floyd, Ahmaud Arbery, Breonna Taylor, Rayshard Brooks, Tony McDade, Riah Milton, Dominique Fells. These are more than names, more than hashtags—they represent a life cut short, a family’s grief, a community’s despair and outrage. The slaying of Black community members by the police, targeting of Black people and communities of color, and racist rhetoric by Trump and his followers are continual reminders that anti-Blackness and racism pervade our society and imperil ILRC’s mission to promote diversity and uphold the rights of all people.
As an immigrant rights organization, it is our responsibility to recognize that our fight for justice is inextricably linked to the efforts of Black, Indigenous, and other people of color. We stand in solidarity with the Black community and the bold demands of Black organizers and Black-led organizations who are leading the work to end police brutality, anti-Blackness, and racism.
As an organization, we also recognize that we can do more to address and dismantle systemic racism, both internally and externally. As first steps, we commit to:
- Continuous learning by staff and board to develop and maintain a shared understanding of what racial justice is and how to actively practice anti-racism
- Conducting an equity, diversity, and inclusion audit of all aspects of our organization—including our board, leadership, staff, and partners—and developing an action plan on increasing racial equity based on this audit
- Exploring and implementing policies, practices, attitudes, and actions that produce more equitable power, opportunities, and outcomes for Black people and people of color inside our organization and in our work with partners
- Providing opportunities for interested staff to engage and contribute to these ideas
- Standing in solidarity with, learning from, and supporting Black community members and allies across the country who are bravely protesting the system of white supremacy that perpetuates the devaluation of Black lives in this country
- Calling for and working towards solutions that dismantle racist institutions and direct our local, state, and federal resources towards our communities in a way that ensures that Black community members can live safely and thrive
For Immediate ReleaseContact: Donna De La Cruz, media@ilrc.orgJuly 22, 2020
Resources
Publication Date
01/01/2017
In light of the continued failure of the U.S. Congress to pass meaningful immigration reform and the continued dysfunction of our immigration system, President Obama announced a series of immigration policy changes though executive action during his presidency. This manual discusses the law, policy, and practice regarding the parts of President Obama’s executive action that have been implemented as of the time of this writing. These new changes, even if short-lived, can help many. They can provide individuals with much-needed immigration relief, and also provide a blueprint for future immigration policy and legislation. Many programs mentioned in this manual, such as parole, DACA, and the enforcement priorities, are in flux, particularly after the 2016 election. We therefore invite you to visit the Immigrant Legal Resource Center’s website at www.ilrc.org for updates and to join our education listserv by subscribing at www.ilrc.org/subscribe to receive email messages about updates to this manual as well as in-person and webinar trainings opportunities related to immigration executive actions.
Resources
Publication Date
09/27/2021
Contact tracing is a public health program that helps slow the spread of infectious diseases, like COVID-19 (coronavirus). Because COVID-19 is very contagious, many states have implemented contact tracing programs to protect communities from the virus. California launched California Connected, its contact tracing program, in May 2020. This resource, which describes the California Connected program in Q&A format, highlights issues of interest to the immigrant community, including the language competency of contact tracers, the confidentiality of shared personal information, and public charge considerations.
Trump’s Attacks on Immigrants Continue as Administration Orders All Initial DACA Applications to be Rejected
Resources
Publication Date
07/30/2020
This practice advisory will update applicants on the changes in interpretation of LRIF since its inception. We also discuss the administrative guidance, advocacy efforts, and hurdles to the application process to date.
Resources
Publication Date
09/13/2021
This timeline provides a quick, visual summary of the changes to public charge policy at the Department of Homeland Security (DHS) and the Department of State (DOS) from January 2018 through July 29, 2021.
FOR IMMEDIATE RELEASEAugust 3, 2020Contact: Christopher Graynatzinquiries@rabengroup.com
Resources
Publication Date
08/04/2020
On November 15, 2019, the ILRC and Public Counsel submitted comments in response to the re-opened comment period on the proposed SIJS regulations, originally published in 2011. The ILRC and Public Counsel each submitted comments on the proposed rule during the original 2011 comment period, organizationally and as part of the Immigrant Children Lawyers Network. Accordingly, in 2019, we wrote to renew our 2011 comments and briefly supplement them due, in part, to concerns and changes in practice that had arisen in the intervening eight years.
Resources
Publication Date
12/16/2021
Throughout the Trump Administration, the federal government has sought to undermine sanctuary policies by requiring that cities help ICE with immigration enforcement in order to receive certain federal grants from the DOJ. These policies have spurred a dozen lawsuits, almost all of which have ruled in favor of the cities challenging DOJ’s conditions. In 2021, the Biden administration removed all current and prior immigration conditions on federal grants. This advisory explains more about the grant programs affected, the litigation, and what localities should know and do in the current environment.
Resources
Publication Date
10/02/2020
Alert: On September 29, 2020 the Fee Rule was enjoined nation-wide in its entirety by a District court in the Northern District of California, ILRC et al. v. Chad F. Wolf, et al. (ND California) (Case 4:20-cv-05883-JSW) (Sept. 29, 2020).
For Immediate Release: Aug. 11, 2020Media Contact: media@ilrc.org