Results

Letter from 380 national, state, and local non-profit organizations to President Obama requesting that he expand Temporary Protected Status for El Salvador, Honduras, and Guatemala and provide relief from deportation to 1.2 million undocumented immigrants.

This advisory describes how practitioners with clients whose DACA renewal is outside of processing time or whose biometrics appointment notice is delayed can elevate their cases for resolution with USCIS.

This report provides a thorough analysis of California’s Proposition 64, or The Adult Use of Marijuana Act, and its potential impact on immigrants with marijuana offenses. The report covers the intersection of immigration and criminal law, the current impact of marijuana offenses on a variety of immigration outcomes, and the ways in which Proposition 64 could help mitigate the immigration consequences of some marijuana-related drug offenses. This report was generously funded by Drug Policy Action.

AB 813 Provides a New Vehicle to Vacate a California ConvictionSB 1242 Makes the 364-Day Misdemeanor Law RetroactiveSB 2792 (TRUTH Act) Protects the Rights of Immigrants in California Jails

A new law will go into effect January 1, 2017 that will provide people who are no longer in custody with a new way to vacate legally invalid convictions. This advisory discusses how the law can help immigrants erase old convictions thus opening up new pathways to immigration relief.

It’s important for everyone to know their rights if approached by an immigration (ICE) agent as well as how families can best prepare for something happening. This resource provides practical tips for things immigrant families can do now to prepare as well as information on rights everyone has in the United States, regardless of immigration status.

This advisory contains general information shared by USCIS staff during multiple stakeholder events in 2016.  It is authored by ASISTA, ICWC, ILRC, AILA, Just Neighbors Ministry, and Sanctuary for Families.

This Question and Answer (Q&A) addresses potential changes in a Trump administration, written for domestic violence and sexual assault advocates and attorneys who are serving immigrant survivors of gender-based violence. This information may change as we learn more about the plans of the incoming administration. This document was written by Americans for Immigrant Justice, Asian Pacific Institute on Gender-Based Violence, ASISTA Immigration Assistance, Casa de Esperanza, Center for Gender & Refugee Studies, Freedom Network USA, Immigrant Legal Resource Center, Immigration Center for Women and Children, Dale E. Fowler School of Law at Chapman University, Minnesota Coalition for Battered Women, National Immigrant Justice Center, Tahirih Justice Center, and We Belong Together.

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 packet will help everyone create a Family Preparedness Plan, regardless of immigration status. However, because of the additional challenges immigrant and mixed status families face, we also have additional advice for immigrants.

October 2017 report by the ILRC and Professor Tom K. Wong estimating the cost that ending DACA would have to the Social Security and Medicare trust funds over ten years. The report that concludes that the end of DACA will lead to $39.3 billion in losses to Social Security and Medicare contributions over ten years, half of which represents lost employee contributions and half employer contributions. Of these losses, $31.8 billion represents the decrease in Social Security contributions and $7.4 billion in Medicare contributions. This report represents an update of a previous report released by the ILRC in December of 2016.

In this issue: The ILRC outlines key priorities for 2017; Post-Conviction Relief and Protecting Constitutional Rights; Immigrants Benefit from California’s New Marijuana Reform; Harris County, TX: The “Deportation Capital” of the U.S.; California has the opportunity to lead the nation with dignity, not detention

This resource identifies and explains some key provisions that cities and counties can enact in order to protect immigrants from discrimination and deportation.

An analysis of America’s counties and their voluntary assistance with deportations.

LGBTQ immigrants enjoy the same rights under immigration law as all other non-citizens. However, there are some areas where LGBTQ immigrants might face unique challenges. This resource is an outline of some special considerations for LGBTQ immigrants.

Letter from 850+ national, state, and local non-profit organizations to President-elect Trump requesting that he continue Deferred Action for Childhood Arrivals (DACA) in light of the public safety, economic, and humanitarian benefits.

This resource in Spanish includes tips for community members to remain calm, get informed, be prepared and stay safe in the current deportation climate.

These flyers inform community members of the fact that it is very dangerous for any noncitizen, including a permanent resident, to discuss marijuana use with any official. This is true even if the person used marijuana in their own home and it was legal under the law of their state (because of medical or legalized marijuana state laws). Get legal counsel and get informed!

Letter from 292 law professors and scholars in the areas of immigration, migration, constitutional, administrative, and international law to President Trump stating that section 9(a) of Executive Order 13768, which directs the federal government to terminate federal funding for so called "sanctuary" jurisdictions, is unconstitutional.

Los residentes permanentes siguen teniendo todos los mismos derechos. Este document tiene información sobre sus derechos y cosas que debe tener en cuenta si desea viajar fuera de los Estados Unidos, ha sido condenado por un crimen o es elegible para naturalizarse para convertirse en ciudadano estadounidense.

Cada familia debe tener un plan de preparación. Aunque nuestro deseo es que usted nunca tenga que usar este plan, es buena práctica de tener uno a la mano para reducir el estrés de lo inesperado. Este paquete le ayudará a crear un plan de preparación familiar, independientemente de su estatus migratorio. Sin embargo, por los retos adicionales que los inmigrantes y familias con status migratorios variados enfrentan, también tenemos consejos adicionales para los inmigrantes.

The Republican Administration has already issued multiple immigration-related Executive Orders and implementing memoranda. These orders and memoranda touch on nearly all areas of immigration enforcement, including the treatment of immigrant children. In this resource, we address possible ways that UACs may be affected by these sweeping changes. Keep in mind that we do not know how these policies will play out in practice, and there will likely be legal and advocacy challenges to their implementation.

As a trusted institution in immigrant families’ lives, schools can play a critical role in ensuring immigrant families have access to important information and resources during these turbulent and scary times. This document contains tips on what schools can do to help.

The immigration statute designates certain types of crimes as “aggravated felonies.” See INA § 101(a)(43), 8 USC § 1101(a)(43). These are the most dangerous type of convictions for a noncitizen. Despite the name, this definition reaches offenses that are neither felonies nor aggravated. It can include selling $10 worth of marijuana, a misdemeanor shoplifting offense with a one-year suspended sentence, or failure to appear at a criminal hearing. The person must be convicted of the offense, not merely commit it, for aggravated felony penalties to apply.

President Trump issued an Executive Order on immigration enforcement in January 2017.  The Order included sections ordering that sanctuary cities would not be eligible to receive federal funding.  This fact sheet breaks down the key issues raised by the Executive Order, examining the possible meanings of the order, and the legal limitations on what the President can do.

Report by the ILRC that calculates the economic losses of ending TPS for El Salvador, Honduras, and Haiti. Losses include cost to taxpayers, GDP reduction, decrease in Social Security and Medicare contributions, and turnover costs for businesses.

This practice advisory reviews options for naturalization applicants who cannot afford the filing fee for the Form N-400, Application for Naturalization: the reduced fee option (Form I-942) and the USCIS fee waiver (Form I-912). The practice advisory also provides resources and tips for completing either application.

Students at the UC Irvine Immigrant Rights Clinic prepared a Penal Code 1473.7 motion to vacate for one of their clients and offered it as a resource for others filing similar motions. This motion is a reference tool only, and should not be used as a template or a model, nor should it be reproduced without substantial alterations. If you are filing a 1473.7 motion, you must perform your own legal research and draft your own materials, as the law in this area is rapidly changing and case-specific motions have significantly higher success rates in criminal courts.

This intake form, available in both English and Spanish, is designed to assist legal service providers and nonprofit organizations interested in screening clients for immigrant post-conviction relief services.

Immigrants who are alleged to be involved with gangs are top immigration enforcement priorities for the Department of Homeland Security (DHS). This is true even if they have no criminal convictions and DHS is targeting them based on allegations alone. If such individuals choose to apply for immigration benefits, they may be exposing themselves to serious risk. This practice advisory discusses what gangs and gang databases are, how allegations of gang membership arise in immigration cases, the over-inclusive process law enforcement employs to allege gang membership, and strategies to identify whether your client may be labeled a gang member or associate. The purpose of this advisory is to help immigration advocates better understand how law enforcement in the United States documents and alleges gang membership or association, such that advocates are able to identify red flags in cases, and are better prepared to work with clients to assess possible risks in filing for relief.

The Know Your Rights Skit is a guide for presenting know your rights materials in the case of contact with ICE. The document includes a skit which is designed to educate participants while reducing fears.