Resources
Publication Date
07/25/2024
An overview of the Parole in Place expansion policy announcement and important takeaways to know now.
Resources
Publication Date
07/24/2024
On July 23, 2024, the ILRC provide comment on the Biden Administration’s proposed re-scheduling of marijuana. The ILRC advocated for the complete de-scheduling of marijuana instead of rescheduling. The comment highlighted the racist impacts of maintaining marijuana on the schedule of controlled substances and the lack of any mitigating effect that rescheduling will have on immigration consequences of marijuana-related crimes
Resources
Publication Date
07/24/2024
On July 15, 2024, the ILRC along with Disability Rights Education and Defense Fund (DREDF) provided comment on Form N-648, Medical Certification for Disability Exceptions. ILRC and DREDF urged the agency to remove a question that conflates the disability exceptions for English and civics testing with waivers for the oath of allegiance.
Resources
Publication Date
07/24/2024
On May 17, 2024, the ILRC provided comment to USCIS on proposed changes to the forms to apply for a U Visa. This is the second time that ILRC provided comment on proposed changes and USCIS accepted some of our previous comments in the newest version. We reiterated some previous requests in response to the agency’s changes and also requested that USCIS extend grace periods for the old forms to mitigate the harm to applicants who would have had to get new law enforcement certifications on new forms, which USCIS granted.
Resources
Publication Date
07/24/2024
On June 6, 2024, the ILRC submitted a comment in support of DHS’s temporary final rule (TFR) providing automatic extensions of employment authorization documents. The TFR specifically requested comment on whether the measure should be permanent and how long permanent automatic extensions should be. The ILRC wrote in support of a long and permanent auto-extension policy to ensure that applicants are not harmed by administrative delays that lead to lapses in document validity.
Resources
Publication Date
07/23/2024
Texas authorities have expansively interpreted a 2024 law that imposes a 10-year mandatory minimum sentence on people convicted under the state's smuggling law to include giving rides to undocumented people, The Immigrant Legal Resource Center (ILRC), Human Rights Watch (HRW), Detention Watch Network (DWN), and AJA Advocacy Solutions said this report highlighting the law’s harm. The brief states that most people prosecuted for smuggling in Texas are young US citizens. Texas law enforcement officers have a troubled track record with identifying alleged smugglers, and now the state has raised the stakes of each arrest significantly.
Resources
Publication Date
07/22/2024
Office of Refugee Resettlement (ORR) records requests are an important tool for advocates who are representing people who were detained in ORR custody as children. This practice advisory discusses the role ORR records play in an immigration case and outlines the process for requesting them.
Resources
Publication Date
07/17/2024
New for 2024: Deferred Action for Childhood Arrivals (DACA) may still be in a holding pattern due to ongoing lawsuits in federal court, but the program remains active for those seeking to renew their employment authorization. This brief explainer details the 5 key things to be aware of if you are a DACA recipient.
Resources
Publication Date
07/17/2024
The U.S. immigration system treats children and young people differently than adults. It is important to understand how your age may impact your options for seeking relief or protection against deportation. This Community Explainer highlights how age impacts eligibility for certain forms of immigration relief, how immigrant youth can help themselves and their family members, and how to learn more.
Resources
Publication Date
07/16/2024
On July 8, the ILRC submitted a comment opposing the Biden administration’s interim final rule (IFR) entitled “Securing the Border.” The IFR unlawfully restricts asylum access by restricting entry and creating a bar to asylum eligibility when there have been a certain number of encounters at the southern U.S. border.
Resources
Publication Date
07/08/2024
Resources
Publication Date
06/26/2024
On August 30, 2022, the Biden Administration issued a new rule on Deferred Action for Childhood Arrivals (DACA) that incorporates DACA into the Federal Regulations, a process that serves to codify the program into law. Since its announcement, there have been several questions around who can access DACA now and what it means for all those first-time applicants who are waiting to obtain DACA. This Community Explainer details how the rule impacts current DACA recipients, how ongoing court battles affect how DACA is implemented, and more.
Resources
Publication Date
06/26/2024
If you are undocumented and have been a victim of a crime, served as a witness for law enforcement, or have been subject to human trafficking, you may be eligible to apply for certain forms of immigration status. These are known as U, T, and S visas. In most cases, the application process for these visas will require help from a law enforcement agency. This Community Explainer details how a new California law, AB 1261, aims to better protect immigrants who are applying for these forms of relief and ensure that California law enforcement agencies help them when needed.
Resources
Publication Date
06/21/2024
On June 12, the ILRC submitted a comment opposing the Biden administration’s proposed rule that seeks to apply certain mandatory bars to asylum at the fear screening stage. The proposed rule contradicts the administration’s previous finding that such a policy would be inconsistent with statutory intent. It would also deprive asylum seekers of an opportunity to access asylum procedures by adding legally complex bars to the threshold screening for eligibility.
Resources
Publication Date
06/18/2024
While politicians enact and reenact their reckless border theatrics, the ILRC surveyed border residents about their actual needs and how the influx of law enforcement efforts has affected them. We found that while the state of Texas spends more and more money on police and prisons, local governments are starved of funding and communities lack the most basic services, including clean water, paved roads, and street lights.
Resources
Publication Date
05/22/2024
Thousands of noncitizens in California are at risk of removal because they have criminal convictions that were unlawfully imposed. California law provides several ways to eliminate these convictions with post-conviction relief (PCR). The challenge is that there are not enough PCR experts to meet the need, especially for low-income immigrants.
Resources
Publication Date
05/20/2024
Resources
Publication Date
05/15/2024
Special Immigrant Juvenile Status (SIJS) provides a pathway to a green card for young people who have been “abandoned, abused, or neglected” by a parent. This Community Explainer unpacks what that means, what the SIJS key benefits are, and how one may become eligible to apply for this path to relief.
Resources
Publication Date
05/15/2024
This Community Alert is a reminder for recipients of Temporary Protected Status (TPS) from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan that re-registration deadlines are coming soon. Review to learn about the deadlines for each country.
Resources
Publication Date
05/15/2024
Everyone, regardless of immigration status, has a constitutionally guaranteed right to free speech and lawful assembly. Noncitizens, however, are uniquely placed at a disadvantage when exercising those rights if law enforcement intervene and make arrests. Read and share our one-pager in English and Spanish to learn about the top 10 things noncitizen protestors should know before they take to the streets to exercise their rights.
Resources
Publication Date
05/15/2024
As of April 1, 2024, immigrant survivors of abuse, trafficking, and other crimes can now apply for certain immigration benefits for free. This Community Explainer details which survivor-based benefits are covered by the new fee exemptions, as well as other changes that may reduce financial barriers to accessing immigration benefits.
Resources
Publication Date
05/08/2024
On April 1, 2024, the United States Citizenship & Immigration Services (USCIS) released a new version of Form N-400, Application for Naturalization. All applicants for naturalization must use this new form. To help attorneys, USDOJ accredited representatives, and others learn how to complete this new version of the form, we have developed a new step-by-step guide. It provides instructions on how to complete the Form N-400 and includes tips on how to best approach common issues related to eligibility and possible red flags, as well as practical considerations for submission.
Resources
Publication Date
05/08/2024
Every applicant for naturalization should complete a Red Flags Checklist before applying for naturalization to help gauge their eligibility and determine if a more thorough screening is necessary.
Resources
Publication Date
04/26/2024
This updated guidance, written with our partners Immigrant Legal Defense (ILD), International Rescue Committee (IRC), and Legal Services for Children (LSC), includes recommendations for what information to include in state court predicate orders for special immigrant juvenile status (SIJS) in California. It incorporates guidance from the 2022 SIJS regulations as well as the USCIS Policy Manual, and includes helpful citations to California law. It also includes sample predicate orders from family, probate, dependency, and delinquency courts.
Resources
Publication Date
04/25/2024
The last update to Form N-400, Application for Naturalization, was April 1, 2024. U.S. Citizenship and Immigration Services (USCIS) only accepts the current version of the form. The ILRC developed an annotated form to assist practitioners and volunteers in completing the N-400.
Resources
Publication Date
04/19/2024
These three charts, updated in 2024, outline the different requirements for acquiring and deriving citizenship. Because the law governing acquisition and derivation has changed many times and is generally not retroactive, these charts detail what the eligibility requirements are depending on the time period in question. Each chart has extensive footnotes that provide explanations about the legal requirements, possible arguments where there is any ambiguity, and cites to further resources.
Resources
Publication Date
04/18/2024
This resource - created in partnership with the End SIJS Backlog Coalition, CILA, and NIPNLG - addresses common questions and myths about the visa bulletin, how to talk to clients about the SIJS backlog, and how both advocates and directly impacted young people can get involved in the Coalition’s work to end the backlog and its harms.