Part 2 of this 2-part advisory explores some of the unexpected consequences of PD policies adopted by the ICE Office of the Principal Legal Advisor (OPLA) that can prejudice noncitizens in removal proceedings, including the practice of moving to dismiss proceedings over respondents’ objections and failing to appear at hearings.

Part 1 of this 2-part advisory provides updates on DHS’s prosecutorial discretion in removal proceedings and explores the various factors that advocates should consider when deciding whether to seek a favorable exercise of discretion from the ICE Office of the Principal Legal Advisor (OPLA). Part 1 also highlights new regulations and discusses how the upcoming presidential election may impact prosecutorial discretion.

This advisory describes supporting documentation for the Parole in Place program under Keeping Families Together. The adjudications for this program are currently on pause due to litigation. Persons hoping to apply should the program resume may gather and prepare supporting documents in advance.

The “Expose and Disrupt” guide illustrates how immigrant rights advocates can use state Public Records Act (PRA) requests to fight back against immigration enforcement. Strategic PRA requests can peel back the curtain on ways state and local agencies work together with immigration authorities to reinforce the deportation machinery and traumatize our communities. The guide explains the mechanics of requesting public records, strategies on what information can be useful for campaigns to stop or limit immigration enforcement, and includes examples of what kinds of records exist.

This practice advisory describes the new “Keeping Families Together” parole in place process for certain spouses and stepchildren of U.S. citizens including what exactly is it and what you get if approved. It also details the eligibility requirements and application process as well as addressing some of the more “in the weeds” issues such as if the USC spouse is deceased, common law marriages, the different presumptions that apply depending on the applicant’s criminal history or if they have an unexecuted final removal order, and what happens if the applicant has already started consular processing. Additionally, attached to this advisory is an appendix of online filing tips specific to the Form I-131F.

The advisory provides information and updates on various parole programs including Uniting for Ukraine, Operation Allies Welcome, CHNV Parole, Family Reunification Parole, CAM Parole, and Parole in Place.

Since November 9, 2016, the definition of cannabis under California law is different and broader than the federal definition. Therefore, a California conviction for cannabis from on or after that date is arguably not a controlled substance conviction under federal immigration law. No court has yet made a finding on this issue for California offenses, but they have done so in other states with similar cannabis definitions. This template brief can be used to file a Motion to Terminate Proceedings or to file an Opposition to a Motion to Pretermit Proceedings (where the client is applying for adjustment of status or for cancellation of removal) to argue that any California cannabis conviction entered on or after November 9, 2016, is not a federal controlled substance offense.