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Special immigrant juvenile status (SIJS) provides a way for certain young people who have been abandoned, abused, or neglected by a parent to obtain immigration status. This practice advisory reviews the history of the federal regulations implementing the SIJS statute and then provides an overview of the new SIJS regulations, published in the spring of 2022. In the overview, the advisory highlights notable policy changes implemented through the new regulations.

Our ILRC Texas team continues to stand alongside Texans to oppose the harmful and unconstitutional Operation Lone Star (OLS). This sign-on letter, drafted by the ILRC and signed by nearly 80 local, state, and national organizations, urges Texas officials to say “no” to two harmful bills, HB 7 and HB 20. These bills would codify OLS, promote racial profiling, and fuel anti-immigrant rhetoric that threatens our communities. The ILRC and the nearly 80 organizations that signed this letter support Texans who are demanding protection from these dangerous bills and from Operation Lone Star.

Temporary Protected Status (TPS) provides protection and work authorization to nationals of certain countries designated by the United States due to armed conflict, natural disasters, and other emergencies. This community explainer walks through the latest matters related to country designations, key dates, and eligibility with a focus on TPS holders from six countries that were targeted for termination by the Trump administration and whose protections have been extended while a case in federal court is pending.

Undocumented individuals who have U.S. citizen children often ask when and if their child can help them obtain their Lawful Permanent Resident status. A citizen child who is over 21 years old can begin the process for a parent to get their Permanent Residence card, often referred to as a green card. However, the process can be complicated and any parent seeking a green card through their child needs to carefully consider certain things before they move forward. This guide provides a brief explanation of this process, what is needed for a son or daughter to help their parent(s) obtain status, and some considerations to keep in mind as you explore this process.

In this resource – updated to reflect significant changes to the Visa Bulletin that will impact special immigrant juveniles beginning in April 2023 – we discuss the visa backlog for youth applying for a green card through special immigrant juvenile status (SIJS). We discuss how to determine when your client may apply for a green card and provide practice tips for representing youth seeking SIJS who may face a long wait before they are able to get a green card.

On March 27, 2023, the ILRC submitted comments on the Biden Administration’s proposed rule that would impose a rebuttable presumption against eligibility for asylum for those who transited through a third country before arriving in the United States. The ILRC detailed concerns with how this rule will essentially ban a large number of asylum-seekers from relief and how the rule impermissibly restricts the due process rights of asylum-seekers at the U.S.-Mexico border.

This practice advisory provides an overview of the different ways crimes can impact eligibility for Temporary Protected Status (TPS) and a framework for analyzing whether an applicant is subject to these bars and potential options to overcome them.

The Deferred Action for Childhood Arrivals (DACA) policy has been fraught with uncertainty in the last couple of years. Despite the many advantages of this program for young people who have grown up in the United States, DACA continues to suffer attacks by conservative entities who argue that DACA was an overreach of executive power, with the most current legal challenge pending in Texas. Because of this, it is important to consider what other long-term options DACA recipients have and what benefits they can acquire while maintaining their DACA deferred action. This practice advisory will first over some options to consider when screening DACA recipients, like some new developments in deferred action grants, and how it is important to screen for parent immigration petitions and applications.

Cancellation of removal under the Violence Against Women Act (“VAWA”) is an often overlooked form of relief for noncitizen survivors of abuse who are faced with removal proceedings. Compared with cancellation of removal for nonpermanent residents (“non-LPR cancellation”), VAWA cancellation is usually a more generous, lenient option for many survivors. In addition, unlike spouse self-petitions, there is no deadline to apply for cancellation after a divorce or loss of immigration status by the abuser, and abused adult sons and daughters are eligible for cancellation without age or marital limitations. This practice advisory introduces and provides an in depth review of each eligibility requirement for VAWA cancellation, discusses the applicable evidentiary standard, and considers procedural issues and strategies useful in immigration court as well as issues arising after an immigration judge issues a decision. Included in this practice advisory is an appendix with a side-by-side comparison of three forms of immigration relief often available to survivors in removal proceedings: VAWA cancellation, VAWA self-petitioning and adjustment of status, and non-LPR cancellation.