Resources
Publication Date
10/20/2020
On June 30, 2020, the Third Country Asylum Rule, or asylum transit ban, was found unlawful and struck down nationwide in CAIR Coalition v. Trump. This advisory discusses the asylum transit ban, the CAIR Coalition decision, and possible strategies for people who have been denied under the ban to reopen their cases and receive asylum.
Resources
Publication Date
10/16/2020
On July 28, 2020 the Department of Homeland Security (DHS) issued a new memorandum that severely limited the DACA program. This announcement has left immigrant youth and allies working tirelessly to inform the community of the new changes and the rights DACA recipients have. This DACA workers' guide, prepared in partnership United We Dream and Texas AFL-CIO, is meant to answer some of the most common questions regarding DACA recipients and their rights in the workplace.
Resources
Publication Date
10/15/2020
This report provides a summary analysis of the ways that federal officials have consciously sought to politicize the naturalization process during the 2020 election year in what appears to be a novel form of voter suppression. The report also examines the potential impact of this novel form of voter suppression in closely watched states in the upcoming presidential election, and details immediate steps that federal officials can take to mitigate these harms, allowing tens of thousands of additional U.S. residents to become citizens in time to obtain the right to vote.
Resources
Publication Date
10/13/2020
California is in the midst of an historic reform of its youth prisons, known as the Division of Juvenile Justice (DJJ). Failed DJJ facilities will close, creating an opportunity for youth to be cared for close to home through community-based programs and services. This short resource describes steps that community-based advocates must take to ensure that the closure addresses the needs of ALL impacted communities, including immigrant youth.
Resources
Publication Date
10/12/2020
In this issue: Message from the ILRC, All Virtual Burton "Event" Honors Frontline Heroes, and the 2019 Annual Report
Resources
Publication Date
10/09/2020
USCIS attempted to drastically limit fee waiver availability and fee waiver standards through the 2020 fee rule. The agency also tried to limit fee waivers by changing the I-912 fee waiver form. For now, these attempted changes have been stopped by injunctions. Applicants can continue to apply for fee waivers based on the 2011 fee waiver guidance.
Resources
Publication Date
10/09/2020
SB 29, the Dignity Not Detention Act, codified at Cal. Civ. Code § 1670.9, was authored by Senator Lara, co-sponsored by the ILRC and Freedom for Immigrants, and passed in partnership with the California Dignity not Detention Coalition. Among other things, SB 29 was passed to ensure that the community would have a voice on an issue which so critically impacts them; immigration detention. Prior to the approval of any permit for any immigration detention center, SB 29 requires that the public be provided with 180 days notice and two public hearings where public testimony is taken and heard. The ILRC and Freedom for Immigrants, in partnership with local community groups, have sued the City of McFarland and GEO whom we believe approved permits to convert two CDCR facilities into immigration jails in violation of SB 29. Litigation is ongoing. Select documents relevant to this suit are provided below.
Resources
Publication Date
10/09/2020
AB 32, codified at Cal. Pen. Code §§ 5003.1, 9500 et. seq., was authored by Assembly member Bonta and passed in partnership with the California Dignity Not Detention Coalition. AB 32 stops the use of for-profit prisons by the California Department of Corrections and Rehabilitation. The las also bans the operation of private detention facilities in both the civil and criminal context, aside from specific exemptions. The GEO Group and the Federal government have sued the state of California, alleging the law to be an unconstitutional attempt to regulate immigration enforcement, and requesting a preliminary injunction to stop the law from going into effect. In October 2020, Judge Sammartino largely denied this request, largely finding the law constitutional. The ILRC, along with Human Rights Watch, and Freedom for Immigrants, submitted an amicus brief in this case. Litigation is ongoing. Select documents relevant to this suit are provided below.
Resources
Publication Date
10/08/2020
A cite and release policy is a directive to law enforcement officers to issue citations, tickets, or warnings for certain low-level offenses, instead of making arrests. This resource provides a general overview of cite and release policies, including the goals and benefits of cite and release, the components of a strong policy, the eligible offenses under Texas state law, and examples of local policies across Texas.
Resources
Publication Date
10/08/2020
Breaking! Today, Judge Sammartino issued an order upholding the constitutionality of AB 32, People over Profits, which prohibits private incarceration in the state of CA. The judge largely denied GEO/US’ request to enjoin AB 32, and granted portions of CA’s request to dismiss GEO/US’ lawsuit. Regrettably, the court preliminary enjoined AB 32 as to private USMS facilities.
Resources
Publication Date
10/02/2020
Alert: On September 29, 2020 the Fee Rule was enjoined nation-wide in its entirety by a District court in the Northern District of California, ILRC et al. v. Chad F. Wolf, et al. (ND California) (Case 4:20-cv-05883-JSW) (Sept. 29, 2020).
Resources
Publication Date
10/02/2020
ICE has changed the standard language for 287(g) agreements. This resource highlights and explains the most significant changes and provides a line by line comparison of old and new contracts.
Resources
Publication Date
10/01/2020
This one-pager, a partnership between the UCLA Criminal Defense Clinic, Al Otro Lado, and the ILRC, describes the how and why of CA Penal Code s. 1473.7.
Resources
Publication Date
09/30/2020
On September 25, ILRC submitted comments in opposition to EOIR's proposed rule regarding court procedures. The proposed rule is an unlawful attempt to curb Immigration Judges’ authority, limit case review, and drastically restrict due process for immigrants. The rule undermines the appellate process and curtails the efficient adjudication of the courts.
Resources
Publication Date
09/30/2020
For many immigrants, learning what their status is does not come into full scope until they apply for driver’s licenses, financial aid, travel documents, or other benefits that are a part of adulthood’s accompanying responsibilities. Regardless of one’s age, however, it is important that everyone understand the differences between the distinct categories recognized by the federal government so as to be well informed and exercise caution throughout daily life.
Resources
Publication Date
09/30/2020
This community resource is a condensed explainer for anyone with questions about DACA, with a brief overview on who can apply, who can renew, and what the recent USCIS changes to the program mean.
Resources
Publication Date
09/28/2020
With the federal government’s growing and constant threat to immigrants of all statuses, the following is a reminder worth noting: permanent residents, or “green card” holders, continue to have all the same rights. This fact sheet provides information on your rights as well as things to keep in mind if you want to travel outside the United States, have been convicted of a crime, or are eligible to naturalize to become a U.S. citizen.
Resources
Publication Date
09/22/2020
2020 has proven to be one of the most tumultuous years in recent history. We have struggled to survive a deadly global pandemic and faced a national reckoning on racial inequity and police brutality. Over the past four years, immigration enforcement tactics have continued to instill fear, and any protection policies have been decimated. Immigrant communities face the constant threat of deportation and essential immigrant workers, such as farmworkers, face inhumane and exploitative working conditions. As we think about immigration policy in the days and months ahead, we must reject the notion that certain community members can be treated as disposable. Our immigration policies must be guided by values that uphold the dignity of all immigrants and bring us closer to becoming the country we promise to be.
Resources
Publication Date
09/18/2020
Resources
Publication Date
09/17/2020
In January 2020, the Committee for Review of the Penal Code began convening with the intent of putting forward wide ranging recommendations for reforms to the California criminal legal code. Understanding the significant impact of the process for California’s immigrant population, the ILRC has formally submitted recommendations, advice, and expert testimony as the committee engages in its deliberations. We will continue to update this site with our recommendations to the committee.
Resources
Publication Date
09/14/2020
On April 22, 2020, President Trump issued a presidential proclamation cutting off some forms of immigration for 60 days, beginning on April 23, 2020. On June 22, 2020, the president extended this proclamation through December 31, 2020 and added restrictions to other immigrants seeking certain temporary visas. This brief guide addresses what this means, who it will most likely impact, and what it may mean in broader immigration terms.
Resources
Publication Date
09/09/2020
Across the country, states and localities are increasingly moving to end marijuana prohibition laws. For immigrant communities, despite the changing attitude toward marijuana-related conduct at the state level, an old conviction can still form the basis for immigration-related consequences at the federal level. Though federal legal reforms may be the only way to completely eradicate the immigration consequences of marijuana-related conduct and convictions, reforms at the state level can nevertheless help stop the arrest-to-deportation pipeline. Drawing from our experience with state and municipal efforts across the country, this resource, jointly produced by the Immigrant Legal Resource Center, the Immigrant Defense Project, and the Drug Policy Alliance, lists best practices for municipalities and states looking to decriminalize in a way that lessens the immigration-related harms of marijuana criminalization.
Resources
Publication Date
09/08/2020
FAQ about ICE’s newest model of 287(g), the Warrant Service Officer (WSO) program.
Resources
Publication Date
09/08/2020
California is in the midst of an historic reform of its Division of Juvenile Justice (DJJ). Under current plans, failed DJJ facilities will close, creating an opportunity for youth to be cared for close to home through community-based programs and services. But if DJJ closes, it must close justly. Any closure must divest from carceral solutions and invest in restorative and transformative justice rooted in community wellness and safety. Any closure must take into account the needs of all impacted communities, including immigrant youth. This resource highlights the two main ways that noncitizen youth may be impacted by the DJJ closure and makes recommendations to ensure that DJJ closes justly for all.
Resources
Publication Date
09/03/2020
Absences from the United States can affect an applicant’s eligibility for naturalization in numerous ways. In this practice advisory, we focus specifically on how absences of varying lengths of time affect the continuous residence requirement.
Resources
Publication Date
09/02/2020
A one-page issue spotting decision tree to help screen for potential forms of post-conviction relief. For an in-depth discussion of any of these vehicles, see this guide, created by the ILRC and Californians for Safety and Justice.
Resources
Publication Date
09/02/2020
This brief advisory written by Rose Cahn, ILRC and Anoop Prasad, Asian Americans Advancing Justice Asian Law Caucus, discusses how petitions for relief using PC 1437, the reform to the felony murder rule, can be helpful to immigrants seeking to mitigate immigration consequences.
Resources
Publication Date
09/01/2020
On July 28, 2020, the U.S. Department of Homeland Security (DHS) released a memorandum instructing U.S. Citizenship and Immigration Services (USCIS) to: 1) reject all initial Deferred Action for Childhood Arrivals (DACA) requests from applicants who have not received DACA in the past; 2) reject all advance parole applications from DACA recipients except where there are “exceptional circumstances;” and 3) shorten the DACA renewal and work authorization period from two years to one year. This Memorandum was followed by USCIS additional guidance on August 21, 2020.
Resources
Publication Date
09/01/2020
While the U.S. Supreme Court’s decision on June 18, 2020 should have restored the Deferred Action for Childhood Arrivals (DACA) program in its entirety, a recent announcement by the Trump administration has once again thrown the program and DACA recipients into limbo. This resource goes over frequently asked questions to help orient the community of this new change with DACA program.