Overview of Seeking Special Immigrant Juvenile Status (SIJS) Findings in Juvenile Court: A Resource for Juvenile Defenders and Children’s Attorneys in California
This advisory provides basic information on how to obtain the SIJS predicate order in juvenile court. It describes the benefits, requirements, and deadlines associated with SIJS, and discusses the role of the juvenile defense or children’s attorney in the process. It includes a sample SIJS predicate order from juvenile justice proceedings.
Immigrants and Substance Use Disorders: A Legal and Medical Perspective
Immigration law demonizes people whom it labels as “drug abusers and addicts,” “habitual drunkards,” and “alcoholics.” The implication is that they are morally weak, dangerous, or evil. An immigrant who comes within such a category can be found inadmissible and ineligible to establish good moral character, and can be denied several forms of immigration relief as well as naturalization. But from a scientific perspective, these people suffer from a substance use disorder (SUD), a medical condition that frequently arises after the person has undergone severe trauma. Substance Use Disorder is a
Recent California “Clean Slate” Initiatives & Immigrants
There is a new law in California that went into effect in 2023 called the California Clean Slate Act (SB 731). Under the Clean Slate Act, authorities will automatically expunge – or dismiss – certain arrests and criminal convictions. While expungement provides relief in the California state criminal legal system, it does not provide the same relief in the immigration context. This explainer walks through some key points about this new law and its implication for immigrants with prior contact with law enforcement.
Obstruction of Justice: Pugin and California Offenses
Conviction of “obstruction of justice” is an aggravated felony if a sentence of a year or more is imposed. In Pugin v. Garland, No. 22-23 (June 22, 2023), the Supreme Court overturned the Ninth Circuit’s definition of obstruction, but failed to provide a clear definition of its own. Now some California offenses are likely aggravated felonies if there is a sentence of year or more, including Penal Code §§ 32, 69, 136.1, 148, Vehicle Code § 10851, and others.
This Advisory discusses California offenses under Pugin, and discusses California criminal sentencing dispositions that avoid a sentence
Grounds of Inadmissibility for Temporary Protected Status
This practice advisory provides an overview of the grounds of inadmissibility for Temporary Protected Status (TPS) explaining which grounds do not apply to TPS applicants, which grounds are non-waivable, and which grounds are waivable. It also offers an overview of the TPS waiver of inadmissibility.
Immigrant Legal Defense Funds in Texas
An immigrant legal defense fund pays legal service providers to represent community members facing deportation in immigration court. This resource provides a general overview of immigrant legal defense funds (ILDFs) at the municipal level in Texas, including why they are needed, the goals and components of a strong ILDF, and examples of these funds from across the state.
The Impact of Crimes on TPS Eligibility
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.
How to Analyze a Crim-Imm Case: Four Questions to Identify Case Goals
Immigration and crimes, or “crim-imm,” can be challenging. Both immigration and criminal law are difficult on their own. To do crim-imm work, advocates who are expert in one area must learn at least something about law and procedure in the other. It can be hard to know where to start the analysis.
This advisory provides a step-by-step approach to help advocates analyze a case and identify goals. It can be used by criminal defense counsel, immigration advocates, and post-conviction relief counsel. It is not a substitute for consulting with a crim/imm expert, but using it should increase your
Understanding ICE's Victim-Centered Approach
In August 2021, U.S. Immigration and Customs Enforcement (ICE) announced a new “victim-centered approach” for immigration enforcement. This FAQ outlines what this means, what the directive is expected to do, and who qualifies for this new enforcement approach.
In the Weeds: A Deep Dive on Cannabis & Immigration
Cannabis legalization has long been a growing theme across the United States, having a place in virtually every recent election cycle and in policy debates related to the federal government’s role in restricting its access, sale, use, and distribution. With many states moving to legalize cannabis for recreational use and with the Biden administration recently deciding to pardon individuals for certain federal convictions related to its possession, it may seem as though we are coming to the end of the cannabis prohibition era. Unfortunately, not only is that moment yet to arrive, but the
Fact Sheet on Penal Code § 372.5, effective Jan. 1, 2023
his fact sheet describes new Cal. Penal Code 372.5 (AB 2195). As of January 1, 2023, a California defendant who is charged with any of several drug offenses, from infractions to felonies, can ask for the drug charge/s to be dismissed and instead to plead guilty to being a “public nuisance” (Penal Code § 370). Section 372.5 provides that in this circumstance, the public nuisance offense is punishable as an infraction, a misdemeanor, or a “wobbler” offense, depending on the offense level of the drug charge that was dropped. The defense must decide to ask, and the prosecution must agree, to go
New Options for Survivors of Trafficking and Domestic Violence
Survivors of human trafficking and of domestic or sexual violence often are charged and convicted of offenses that arose as a direct result of their exploitation. For noncitizens, the criminal record can cause deportation or destroy their eligibility for humanitarian visas. In the last five years, California has enacted multiple laws to avoid this injustice in criminal court, including a defense to a criminal charge and a vehicle to vacate a past conviction for survivors who were coerced to commit the offense, or in other cases mitigation of sentence. This advisory describes the new criminal
Immigration Consequences of Texas Assault (August 2022)
This practice advisory explains the various immigration consequences of a conviction for Assault under Texas Penal Code § 22.01 and provides tips for mitigating such consequences in criminal proceedings. This August 2022 update includes analysis of the Texas Assault statute in light of the Supreme Court’s decision in Borden v. United States. The Texas Assault statute is complex and includes several subsections, so we have included a chart in the appendix describing the potential immigration consequences for each subsection of the Texas Assault statute.
Local Policy Guide to Protect Immigrants
As attacks on immigrants continue and the DACA program remains in limbo, now more than ever, it is important that local elected officials take bold action to protect immigrants within their jurisdictions. This guide, co-authored by United We Dream, provides examples of local policies that help protect immigrants from deportation by: (1) reducing arrests, (2) protecting constitutional rights, and (3) appropriating local resources wisely.
Defending 1473.7 Vacaturs: Merits, Amicus, and Sample Briefs
In 2016, California enacted California Penal Code § 1473.7, a post-conviction relief vehicle allowing people no longer in criminal custody to vacate legally defective convictions. Ever since, the ILRC has supported advocates to implement this law, including helping to defend the vacaturs from DHS attempts to erode its impact. In Arias v. Garland, a case currently pending before the Ninth Circuit, the court will decide whether 1473.7 should be given full effect, erasing the conviction for immigration purposes. The ILRC helped coordinate Mr. Arias’s amicus strategy and we offer his redacted
Overview of California Post-Conviction Relief for Immigrants
Thousands of noncitizens in California are at risk of removal or cannot qualify for immigration relief because they have unlawfully imposed criminal convictions. The good news is that there are several options under California law to eliminate these convictions for immigration purposes, using post-conviction relief (PCR). This Advisory can help advocates to identify which of these forms of California PCR may help your client, and direct you to more resources about how to obtain it.
Practice Advisory: Post-Conviction Relief Motions to Reopen
This advisory provides detailed instruction on how and where to file a motion to reopen for attorneys who have successfully vacated a conviction for immigration purposes and their client is now eligible for termination or a form of relief. In addition, the advisory addresses the impact of the post-departure bar and reinstatement of prior removal order on post-conviction relief motions to reopen.
Overview of ICE’s Victim-Centered Directive
This advisory provides an overview of ICE’s new “victim-centered” approach to immigration enforcement based on an August 2021 directive, including who qualifies as a victim and which ICE actions are covered. As part of this new approach, ICE officers and agents are instructed to look out for and in various circumstances exercise prosecutorial discretion in favor of noncitizen survivors of crime as part of their decisions to arrest, detain, release, and refer noncitizens.
Community Materials for DA Town Hall on Immigration
So, you’re organizing a local town hall or candidate forum about DA and immigration; great! ILRC has developed a number of resources that can be helpful.
2022 Case Update: Domestic Violence Deportation Ground
The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportation: conviction of a crime of domestic violence, a crime of stalking, or a crime of child abuse, neglect, or abandonment, or being the subject of a judicial finding of violation of a domestic violence stay-away order. Coming within one of these grounds also can be a bar to cancellation of removal for non-permanent residents or DACA.
ILRC, NIPNLG, and AILA Letter to OPLA re: 1473.7 vacaturs
The ILRC and partner organizations submitted the attached letter and BIA case summary to OPLA leadership, clarifying that vacaturs issued pursuant to California Penal Code § 1473.7(a)(1) correct legally and procedurally defective convictions, meeting the standard set forth in Matter of Pickering, 23 I&N Dec. 621 (BIA 2003).
Relief Chart: Eligibility for Immigration Relief Despite Criminal Record Issues
This Chart summarizes the criminal record bars to many forms of relief, to provide a quick way to check whether your client is potentially eligible for relief. See also ILRC, Immigration Relief Toolkit (2018).
Texas Cite & Release Advocacy Toolkit
Black people and other communities of color, including immigrants, have faced decades of overpolicing, criminalization, and incarceration in Texas, often for alleged conduct that does not mandate an arrest or even carry jail time in the state. One way to effectively reduce arrests is to pass a local cite and release policy. This advocacy toolkit gives local organizers and advocates in Texas the tools they need to lead a successful cite and release campaign. We have included many helpful resources, samples, and insights for every step in a cite & release campaign – from initial education
Overview of the New U Nonimmigrant (“U Visa”) Bona Fide Determination
On June 14, 2021, USCIS announced a new “bona fide determination” process whereby certain U petitioners and their family members with pending U petitions can receive four-year work authorization and deferred action while they wait for full adjudication. This process could be very good for many of the 270,000 folks who have filed for a U visa and are waiting – but there are many folks left out, and of course, much of this depends on how the process is implemented. ILRC and ASISTA wrote this advisory to provide updated information on the new process and discuss eligibility, decisions and
DACA Rule Change Comment Template
On September 28, 2021, DHS issued a notice of proposed rulemaking for Deferred Action for Childhood Arrivals. The proposed rule seeks to codify DACA and while this presents real opportunities, there are serious problems with the rule in regard to the criminal bars to DACA, in particular the elimination of expungements for DACA purposes. See proposed rule here.
How to Use the Categorical Approach Now (2021)
With a few exceptions, immigration authorities must use the “categorical approach” to determine whether a criminal conviction triggers a ground of removal. Expert use of the categorical approach may be the most important defense strategy available to immigrants charged with or convicted of crimes. This Update of our long-running article includes discussion of Pereida v. Wilkinson, 141 S.Ct. 754 (2021).
Enforcement Priorities Litigation Update: September 2021
There have been many recent developments regarding the litigation challenges to the Department of Homeland Security enforcement priorities. This brief guide provides a quick summary to help you keep up. In short, the Enforcement Priorities are currently still in effect, although a change could come within the next few weeks. Below you will additionally find the Fifth Circuit’s temporary stay of the lower federal district court’s preliminary injunction order. While these issues are quickly moving, this update is current as of September 2021.
Probation Agencies and the Deportation Pipeline
4.5 million people in America are on probation. What is probation, and what does a probation officer do? How are probation departments involved in immigration enforcement? This short explainer seeks to provide basic information about probation and highlight the nefarious role that many probation agencies take in turning immigrants over to ICE for deportation.