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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.

This legal update provides a summary explanation of how TPS holders from Nepal can re-register and re-apply for work permits now that DHS has announced the termination of Temporary Protected Status designation for Nepal.

These notes were taken at the May 18-19, 2012 conference and contain lots of important practice questions, updates and filing tips for U visa cases.

Over 300,000 people currently benefit from Temporary Protected Status (TPS) and many have been protected by it for nearly 20 years. However, the current administration is terminating the program for certain countries and is reviewing the designation of several others. This practice advisory describes what TPS recipients and their advocates can do now to understand their legal options. It will review the most common forms of relief, with a particular focus on family-based immigration and how recent federal court cases allow some TPS recipients in the 6th (Flores) and 9th (Ramirez) circuits to adjust status in the United States.

On May 4, 2018, the Department of Homeland Security (DHS) announced that it terminated the TPS designation for Honduras. This TPS designation was supposed to expire on July 5, 2018. DHS has given TPS holders from Honduras an additional 18 months of TPS status (until January 5, 2020). On June 5, 2018, DHS published a notice in the Federal Register explaining how TPS holders from Honduras can re-register and re-apply for work permits, or Employment Authorization Documents (EAD). This is a summary of what you can do now.

ILRC along with our partners—IDP, IJN, NIJC, and NIPNLG—provide an analysis of the enforcement and crimmigration provisions in Goodlatte's The Securing America's Future Act and urge opposition to the legislation.

ILRC along with our partners—ACLU, DWN, IDP, IJN, NIJC and NIPNLG—provide an analysis of the enforcement and crimmigration provisions in the Ryan and Goodlatte immigration bills and urge opposition to these bills.

Every family should have a Family Preparedness Plan. While it is our hope that you never have to use your plan, it is a good practice to have one in place to help reduce the stress of the unexpected. This step-by-step guide will help you create a plan for your children in the event you are not available to care for them.

This page from DOS provides information on how to apply for a U nonimmigrant visa, the required documents and fees, visa ineligibility and more.https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/visas-for-victims-of-criminal-activity.html

This toolkit is aimed at providing you–the advocate– with the tools to provide valuable know your rights (KYR) information. This toolkit will teach you how to do a KYR presentation, including everything from the logistics of organizing an event to the substantive topics you should cover. If all you want to do is learn how to put together a KYR presentation, you can review the section Nuts & Bolts: Putting Together a KYR Presentation. If you would like a deeper and more substantive discussion of certain KYR topics (not necessary for everyone), please reference the section Deep Dive: KYR Substantive Topics. This toolkit is aimed at California audiences and contains advice that is California-specific.

The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportability. Recent Board of Immigration Appeals and federal decisions, including the Supreme Court decision in Sessions v. Dimaya, significantly affect each of the four bases. This advisory will provide a brief overview of the deportation ground, and then outline the recent decisions and how they may affect representation in California and the Ninth Circuit. It includes an appendix analyzing common California offenses as crimes of violence.

This introductory practice advisory explains 245(i), including “grandfathering” and “after acquired,” and includes screening questions to assist in identifying and evaluating possible 245(i) options for your clients. 

Are you thinking about helping detained immigrants? It’s time to get your feet wet. This guide talks you through the initial basic steps to support someone requesting from bond from the immigration judge. This guide includes simple steps to get you started, including how to find your client and what to present to the court.

This advisory discusses how the Child Status Protection Act (CSPA) protect children of permanent residents in their applications for permanent residency. We discuss how a child’s age is calculated and how they might move through different preference categories through their process to become residents.

This advisory for criminal defense counsel outlines defense strategies to preserve a client’s possible eligibility for deferred action.

A brief summary of recent court precedents that analyze the limits of the federal government’s power to tell states how to regulate, and what this means for 8 USC § 1373. One court so far has found 8 USC § 1373 unconstitutional, and others are pending. These cases mean that a key anti-sanctuary weapon of the federal government may be struck down by the courts, and communities may be legally able to stop any communication with ICE and CBP.

This practice advisory addresses the impact of drug trafficking on unaccompanied minor (UC) cases by looking at overall drug trafficking patterns within UC cases, identifying the substantive and procedural issues that may arise when UC with drug trafficking histories pursue immigration relief, and drawing parallels to other bodies of law to provide practitioners with recommendations for use in the immigration context. This advisory discusses how children impacted by drug trafficking issues are able or unable to access legal relief and the challenges they face before DHS and immigration courts. It aims to provide practitioners with strategies to most effectively overcome these challenges in defending youth who have been involved in drug trafficking against deportation and to obtain immigration legal relief on their behalf.

Every year, millions of people wait for Congress to advance a solution that would provide stability for undocumented persons and their families. The numbers left waiting and worrying without a pathway to citizenship, protection from deportation, or the ability to work under the Trump Administration has only increased with the limitations on the Deferred Action for Childhood Arrivals (DACA) program and the termination of Temporary Protected Status (TPS) for certain countries.

Overview of ILRC’s Freedom of Information Act (FOIA) Request