Resources
Publication Date
12/16/2020
ILRC filed comments opposing USCIS’s changes to discretion in adjustment because they violate existing case law. The changes represent an attempt to impose new eligibility requirements that are also a violation of the Administrative Procedure Act (APA) because they went into effect without the required regulatory notice and comment process. The agency has provided no explanation for this abrupt departure from prior procedure and application of the law. In addition, the policy manual will unduly burden eligible applicants and USCIS adjudicators by requiring a separate, lengthy adjudication of thirty specific discretionary factors under a heightened burden of proof that requires adjustment applicants to show “clearly and beyond doubt” that they are eligible for adjustment. The new emphasis on a balancing of a myriad of factors invites arbitrary and inconsistent application of the law.
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Publication Date
12/22/2020
On December 22, 2020, the ILRC submitted comments in opposition to EOIR’s notice of proposed rulemaking regarding what constitutes “good cause” for a continuance in removal proceedings. The proposed changes severely restrict the circumstances in which respondents can obtain continuances in removal proceedings, as well as the number and length of continuances. These changes will have a devastating impact on respondents’ due process rights, essentially eliminate protections from removal for VAWA and U-visa petitioners, further interfere with the independence of immigration judges, and curtail administrative efficiency.
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Publication Date
03/24/2021
On March 16, 2021, ILRC and seven other coalition members of the Liberian Refugee Immigration Fairness (LRIF) Strategy Group submitted recommendations to the Administration and USCIS leadership for equitable implementation of LRIF. The group requested a meeting with the government to discuss these recommendations.
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Publication Date
03/30/2021
ILRC submitted these comments on December 18, 2020 to oppose the administration's dramatic expansion of USCIS guidance on how to assess whether someone has a “lawful admission” for purposes of naturalization eligibility under INA § 318. The updated policy guidance is an unwarranted directive to officers to engage in extreme vetting and unnecessary scrutiny of all naturalization applicants.
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Publication Date
05/12/2021
The Liberian Refugee Immigration Fairness (LRIF) Strategy Group submitted these comments in connection with the U.S. Citizenship and Immigration Services’ (USCIS) Request for Public Input published in the Federal Register on April 19, 2021. The Strategy Group is a focused coalition of local, state, and national-level organizations that provide direct legal and other community-based services to Liberians in the United States and includes experts in USCIS operations and implementation issues and Liberian cultural competency.
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Publication Date
05/19/2021
In April, the U.S. Citizenship and Immigration Services (USCIS) put out a request for public input regarding Identifying Barriers Across U.S. Citizenship and Immigration Services (USCIS) Benefits and Services. The ILRC has submitted these comments.
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Publication Date
06/21/2021
In 1994, Congress established an exception to the English and civics testing requirements for applicants
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Publication Date
06/28/2021
ILRC submitted this comment in response to the recent update to the USCIS Policy Manual, entitled “Naturalization Eligibility and Voter Registration Through a State’s Benefit Application Process,” issued May 27, 2021, and effective immediately. ILRC wrote to commend USCIS on the addition of this update, suggest edits to the wording of the false claim ground to better reflect the law and avoid unintended expansion of this already broad ground, and encourage USCIS to include similarly limiting language in Volume 8 regarding the false claim and unlawful voting grounds of inadmissibility.
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Publication Date
07/07/2021
In July 2021, African Communities Together, the UndocuBlack Network, and the Immigrant Legal Resource Center submitted a memo to USCIS outlining the reasons that an expired Liberian passport should be considered primary evidence of nationality for LRIF eligibility.
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Publication Date
08/25/2021
ILRC submitted this comment to commend USCIS on the recent update to the USCIS Policy Manual, entitled “Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes.” We applaud USCIS on this update and clarification, which was necessary to comport with evolving reproductive technology and address disparate treatment under previous guidance. The change will improve the fair interpretation of “wedlock” in acquisition of citizenship cases and help ensure access to citizenship for all who qualify.
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Publication Date
09/02/2021
The ILRC wrote this document to provide recommendations for changes to the Policy Manual that USCIS can immediately implement to rectify the previous administration’s policies, increase access to immigration benefits, and reduce backlogs.
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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.
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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.
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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.
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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.
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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.
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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.
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Publication Date
01/25/2022
On January 25, 2022, the ILRC submitted comments in response to the DHS Notice Requesting Comments on “Identifying Recommendations To Support the Work of the Interagency Task Force on the Reunification of Families.” Our comments urge the U.S. government to stop criminal prosecutions for migration, admit wrongdoing and compensate the victims of family separation under the Trump Administration, curb enforcement and detention in the absence of meaningful opportunities for people to gain immigration status, rescind harmful border policies and practices, and expand the interpretation of family unity to ensure that children are not separated from both parental and non-parental caregivers.
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Publication Date
02/23/2022
Our ILRC Texas team continues to lead the charge opposing Governor Gregg Abbott's Operation Lone Star. This sign-on letter urges Union Pacific to end its involvement in the racist and unconstitutional “Operation Lone Star” scheme.
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Publication Date
03/09/2022
This is an archived collection of comments the ILRC has submitted related to proposed regulations (“rules”) regarding public charge and the affidavit of support.
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Publication Date
03/16/2022
The ILRC and partner organizations submitted the attached letter and BIA case summary to OPLA leadership, clarifying that vacaturs issued pursuant to California Penal Code § 1473.7(a)(1) correct legally and procedurally defective convictions, meeting the standard set forth in Matter of Pickering, 23 I&N Dec. 621 (BIA 2003).
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Publication Date
05/05/2022
On May 5, 2022, ILRC, AILA, and AIC jointly filed a comment to USCIS’s revisions to the G-639 FOIA Request form. We suggested changes to the proposed revisions to the Form G-639 Instructions regarding the online filing of FOIA through the agency’s FIRST system. The online system should not require country of birth and other identity information that is not needed in filing a written G-639 request. Also, the Instructions should clearly state FIRST is one option among others for submitting a FOIA request.
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Publication Date
06/07/2022
On June 6, 2022, the ILRC submitted a comment on USCIS Form I-765, Application for Employment Authorization. The comment encourages USCIS to amend the form to be shorter, to eliminate unnecessary questions, and to provide clarification where needed. The comment also asks USCIS to withdraw the discretionary factors used to adjudicate the form.
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Publication Date
06/30/2022
The ILRC submitted a comment to USCIS in support of the agency’s temporary increase of 540 days for the validity periods for Employment Authorization where an EAD renewal application is pending. This move will help provide financial stability for those who rely on authorization for employment and are currently stuck waiting in long processing backlogs.
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Publication Date
06/30/2022
The ILRC submitted a comment to USCIS requesting that USCIS clarify who may file an N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, and to prioritize applications for children who are close to turning eighteen and aging out of elibiblity for citizenship under INA Section 322.
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Publication Date
07/15/2022
On July 14, 2022, the ILRC submitted a comment to USCIS about Form N-400, Application for Naturalization. ILRC requested that USCIS revise Form N-400 to be shorter and to request information that is only relevant to eligibility for naturalization. ILRC also encouraged USCIS to do away with its practice of re-adjudicating underlying forms at the naturalization stage – a practice that is burdensome in time and resources and discourages eligible Lawful Permanent Residents from engaging with the naturalization process.
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Publication Date
09/07/2022
ILRC commended USCIS on its recent extension of COVID flexibility policies through October 23, 2022. In addition, we suggested some new COVID-related policies to ameliorate the impact of the pandemic, including longer extensions of time to respond to notices and decisions, adoption of a mailbox rule for filing deadlines, and allowing waivers to proceed despite death of a qualifying relative.
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Publication Date
09/13/2022
EOIR recently published proposed changes to the forms used to apply for DOJ recognition and accreditation. ILRC submitted comments objecting to the changes, which add new and burdensome requirements for applicants. The information requested and the new documentary requirements exceed the requirements in the regulations.
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Publication Date
10/06/2022
Sample questions about the sheriff’s policy positions on working with ICE that advocates or community members can use at candidate forums or other meetings. For more background information about sheriffs and their role in the deportation pipeline, see: https://www.ilrc.org/role-sheriffs-and-arrest-deportation-pipeline