Results

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

Summaries of key court decisions analyzing the legal and constitutional problems with ICE detainers and the liability of local agencies who hold individuals based on ICE detainers.

In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security.

This webinar, hosted on July 13, 2018 by ASISTA and ILRC, is intended only for advocates and attorneys who work advancing the rights of immigrants, and is not for media attribution. Panelists discuss how this updated guidance vastly expands the circumstances in which USCIS will issue NTAs, what this means for humanitarian cases like VAWA self-petitions, U and T visas, as well as strategies for advocacy. If you are interested in accessing the recording, please contact Cecelia Friedman Levin, cecelia@asistahelp.org, or Alison Kamhi, akamhi@ilrc.org

In this issue: Separating Children from Their Families at the Border: Our Newest Inhumanity to Immigrants (A Child Psychiatrist’s Take); 2018 Phillip Burton Immigration & Civil Rights Awards; When Water Is Safer than Land: A Day Inside Our Nation’s Immigration Border Jails; Mark Silverman: An Immigration Law Titan Retires; Immigrant Rights in the San Joaquin Valley; 2017 Annual Report; Writing in the Age of Trump

In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security.

Needless to say, the immigration law field faced unique and disturbing challenges during the first year of the new administration. The public fought back and drew a firm line to affirm their differing values. Still, the Department of Justice and Homeland Security persisted with xenophobic policies and enforcement practices. Read more about the ways we have pushed back in our 2017 Annual Report.

Outlines all of the benefits that come with obtaining DACA approval. Special thanks to our Spring 2013 law students, Andrew Briggs and Maria  Dominguez, for their efforts in helping to create this resource.

The DOJ created new conditions for state and local recipients of Byrne Justice Assistance Grants and other federal grants, in an effort to prevent jurisdictions with certain sanctuary policies from receiving any funds. Several federal courts have found these requirements to be unconstitutional, and ordered the DOJ to distribute the grants to sanctuary cities such as Chicago and Philadelphia. This advisory explains the specific grants at issue, the various lawsuits against DOJ’s conditions, and other new developments in the fight over federal funding of sanctuary cities.

The purpose of this advisory is to provide service providers with an update on the status of the Deferred Action for Childhood Arrivals (DACA) program and how to counsel clients now. In it we include information on the current status of the DACA program, what to tell clients, factors to consider in deciding when and if to renew DACA, and ideas for what people should do now if they have never had DACA.

This advisory explains how some DACA recipients may be eligible to adjust their status to permanent residents after travellng outside the United States on advance parole. We explain what is required for advance parole, what is required for adjustment of status, and how those two are related for certain DACA recipients who entered the United States without inspection. Although the advisory is focused on DACA, most of the analysis will also apply to TPS holders.